The Judgments on the Carriage of Passengers in Taiwan

• Main Authors: CHANG SHU-KUANG, 張曙光
• Other Authors: 王肖卿
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/13794912610528201646

碩士 === 開南大學 === 物流與航運管理學系 === 98 === 　Our Maritime Code has been amended five times which are 1929, 1962, 1999 and 2000 and 2009. However, there is less to deal with the carriage of passengers. It would be a pity and regret that we can not follow the steps of the international trend. 　Since our Government encourage us to do more leisure recreations, there are considerable international cruises took Taiwan as a transit. Due to the increasing frequency of taking marine transportation and the ignorance of the protection of passenger’s rights, passenger carriage disputes might be increased and more troubles will occur in the future. Lack of the statements of rights of passengers, or carrier’s liabilities in the Maritime Code, or the existing statements are inconsistent with practice and international conventions may cause potential troubles. The amendment of our Maritime Code becomes important and imperative. 　The key reasons for this research are based on the following to amend the Maritime Code accordingly: 1. There is no damage in tort stated. 2. The passenger luggage is different from cargo but there is no luggage statement in the passenger portion and Civil law or other laws concerned treat the luggage as cargo. 3. There is less exemption of liabilities on passenger carriage but there may be possibilities of exceptions of cargo carriage to apply as there is vague statement in the passenger carriage portion.