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由于我国目前尚无完善的人身伤亡赔偿制度,在处理海上人身伤亡赔偿纠纷中缺乏统一严密的制度可资遵循,给海上人身伤亡赔偿纠纷的解决带来了很大难度。通过对《海商法》关于海上人身伤亡损害的相关规定的分析来确定责任主体在不同情况下所应承担赔偿责任的性质。同时,根据《民法通则》及相关法律、法规的规定,表明请求赔偿的权利人的范围和顺序,以及直接赔偿义务人与间接赔偿义务人的分别应承担的赔偿责任。以期待能够为类似纠纷的解决提供一点参考。
Due to the fact that there is no perfect compensation system for personal injury in our country, there is a lack of a uniform and rigorous system to deal with maritime casualty compensation disputes, which has brought great difficulty to the resolution of maritime casualty compensation disputes. Through the analysis of the relevant provisions of the Maritime Law on the damage caused by maritime personal injury and death, it is necessary to determine the nature of liability that the responsible party should bear in different situations. At the same time, according to the “General Principles of Civil Law” and the relevant laws and regulations, the scope and order of the obligees seeking compensation as well as the respective liability for compensation shall be borne by the indemnifying party and the indirect indemnifying party. In the hope of providing some reference for the settlement of similar disputes.