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在船舶碰撞损害赔偿案件中,对碰撞责任主体的认定是一个基础而繁复的问题。基础性表现在只有在认定责任主体,才能对受害方予以充分的补救。而繁复性表现在我国司法解释中规定以船舶所有人和光船承租人作为碰撞责任主体,但当光船租赁未经登记的情况下,受害方只能向船舶所有人进行索赔。下文将对以光船登记作为认定光租人为赔偿责任主体的标准是否必要进行分析。
In the case of ship collision damage compensation, the cognizance of the main body of collision liability is a basic and complex issue. The basic performance can only be fully remedied to the aggrieved party only when the responsible party is identified. However, the complicated performance stipulates that the owner of the ship and the bareboat charterers should be the subject of collision liability in the judicial interpretation of our country. However, when the bareboat charter is not registered, the injured party can only claim the owner of the ship. In the following, it will be necessary to analyze the criteria for registration of a bareboat as the subject of liability for compensation of light renters.