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我国现行《海商法》以及其他法律和司法解释均没有规定如何处理海上侵权行为所产生的连带责任与责任人享有的海事赔偿责任限制权利之间的关系,而这一关系问题却是处理相关案件所必须面对和解决的。笔者提出无论在连带责任内部关系抑或外部关系中,责任方所享有的海事赔偿责任限制权利均不应因承担连带责任而受影响;在一方享有海事赔偿责任限制时,所有连带责任方对受害方承担的连带赔偿数额也应相应限缩。
Neither the existing “Maritime Law” nor other legal and judicial interpretations in our country stipulate how to deal with the relationship between the joint and several liability arising from the infringement at sea and the limitation of liability for maritime claims enjoyed by those in charge. However, the relationship is dealt with in the relevant cases Must face and solve. The author puts forward that no matter in the joint and several liability internal relations or external relations, the liability of maritime claims should not be affected by the joint and several liability; in the enjoyment of one of the maritime claims limitation, all joint and several liability party to the injured party The amount of joint and several liability for compensation should also be reduced accordingly.