论内河交通事故调查结论的不可诉性

2007年5月20日,一艘货船在长江武汉段一加油站加油时突然发生爆炸事故,经长江航运公安局认定：这起事故由加油货船负直接责任。事故发生后,武汉海事局经过大量调查取证,并根据长江航运公安局的责任认定,作出了由加油货船对爆炸事故承担全部责任的调查结论。加油货船对调查结论不服,分别对长江航运公安局和武汉海事局提起行政诉讼。笔者认为：海事事故调查结论具有不可诉性。

Discussion on the non-litigating nature of the conclusion of inland waters traffic accident investigation

A cargo ship exploded on 20 May 2007, when it was receiving bunker oil on the Yangtse River at Wuhan. The Changjiang Shipping Public Security Bureau cognized that the cargo ship should be responsible for the explosion. The investigators of Wuhan MSA, after investigation and review of a lot of evidence after the accident, had the same opinion as the Changjiang Shipping Public Security Bureau. They drew the conclusion that the cargo ship should be responsible for the explosion ultimately. The owner of cargo ship thought it was unfair and prosecuted the Changjiang Shipping Public Security Bureau cognized and the Wuhan MSA. The author of this paper holds the view that the conclusion of the investigation of Wuhan MSA cannot be litigated.