A Critical Examination of the Chinese System of Sea Passenger Injury Compensation: Unfairness, Uncertainty, and Inadequacy.

In China, sea passenger injury compensation is a crucial part of the Chinese civil personal injury compensation rule system, which consists of multiple legal sources including the Chinese Maritime Code (CMC). The CMC, which was promulgated in the 1990s, has remained unchanged for nearly three decades. In recent years, CMC rules governing sea passenger injury compensation have faced criticism and challenges. On one hand, in domestic sea passenger carriages between Chinese ports, the carriers have an incredibly low standard of liability, which is frequently criticized to be unfair and even rejected in application by the judges in judicial practice. On the other hand, in passenger injury compensation actions arising from international cruise voyages involving foreign seaports, a series of insufficiencies of CMC rules is revealed. Targeting these problems, this article explores approaches to cure the deficiencies of the current CMC rules and reconstructs a modern rule system aligning with mainstream maritime countries.1 [ABSTRACT FROM AUTHOR]