论事故当事人责任和事故法律责任的区别

长期以来国内海事界专家学者,特别是海事调查人员“判明事故当事人的责任”的理解一直存在着歧义。借鉴《道路交通安全法》的基本理论来分析海上交通事故当事人责任及责任确定原则,可知事故当事人责任是指事故当事人的过错行为对交通事故形成的影响力的大小和过错的严重程度,而不是当事人应当承担的法律责任。

On the Difference between Responsibility of Concerned Parties and liabilities Resulted from Maritime Accidents

Differences on understanding of judging the responsibilities of concerned parties has existed for a long time among experts of maritime circles, especially among investigation officers of maritime safety administrations. By analyzing the responsibilities of concerned parties in maritime accidents and the principles of judgment on basis of the fundamental theory of Road Traffic Safety Law, correct understanding is that responsibility of concerned parties, differ from liabilities resulted from maritime accidents, depends on degree of cause and effect relationship and degree of faults in maritime accidents.