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The Study on the Giving Evidence Effectiveness of Claim about Ship’s Collision
|Authors: ||Hsia, Fu-Hsiang|
Maritime case;Swiss cheese theory;Deming cycle;Collision liability
|Issue Date: ||2018-08-08T03:41:37Z
|Abstract: ||臺灣為海島型國家，附近水域航路密集，也因如此海事案件時有所聞，根據我國交通部統計從2011年至2015年發生海事案件中，我國商船海難事故發生原因為碰撞（含與其他物碰撞）竟高達51.11%，但在進行船舶理賠程序時往往耗時又費力，主要原因都是無法有效釐清雙方的責任，由於事發的時候，調查機關和保險公司都不在現場，判斷事情時僅能靠相關證據來還原事故真實原貌，所以任何有關於船舶碰撞之證據都是重要的關鍵，可是往往在詢問船員對於當時碰撞發生的經過，只能依其記憶回想之後答覆，無法完整敘述事件經過。 本文透過案例比較法，發現碰撞海事案件之受訪船員，常無法詳細回覆船舶碰撞事件發生經過，以及未能有效保留碰撞跡證等相關證據，造成事後在採證上難以用較具邏輯性之方式來呈現事證，故後續利用乳酪理論及戴明循環等質性方法來印證出船舶碰撞理賠有效舉證，找出容易造成船舶發生碰撞之誘發性失誤和潛在失誤，針對這些失誤來找出該負責的管理階層並提出船舶發生海事案件後該完成的作業事項，如此才可清楚闡述事件發生經過及損壞範圍，以利釐清雙方的「責任部分」，進而完成船舶理賠程序，並運用其結果建構出一個管理階層之有效舉證之示意圖。 本研究利用乳酪理論和戴明循環作為研究方法之一，其目的為利用合理的方式來敘述本研究中的海難事件，進而增加船舶碰撞有效舉證之準確度。本研究歸屬質性研究，係經由整理案例及實務歸納後而擬定相關作業流程、處理方式，雖非創新，惟希望能對於當日後面對海事案件時，能有所參考價值。|
Taiwan is a nation consisting of islands, with business marine traffic within her waterways. Marine incidents therefore occur from time to time. According to the MoTC statistics for the period from 2011－2015, up to 51.11% of incidents were collision related. Yet, claim handling process was time consuming, mainly because it was hard to solve liability issue. Following the incidents, the insurance companies and their surveyors attended to collect relevant information with an aim at restoring the actual circumstances surrounding the incident. It is thus of utmost importance to have solid evidences during the fact finding process. Nevertheless, crewmembers involved in a collision often found it difficult to fully recollect their memories and so statements from them were usually incomplete. By way of comparison on cases in this article, it is found that crewmembers being interviewed were often unable to recollect what exactly happened in a collision, nor were they able to preserve related evidences, which resulted in difficulties to the interviewers to restore the circumstances in a logical way. Therefore, Swiss cheese theory and Deming Cycle were later adopted to offer an effective evidence collection in a collision case, and to find out what errors, both seductive and latent, that easily caused collision. With these errors in hand, the responsible management within the company can be identified, and what steps to be taken for an investigation following a collision can also be found. Doing so, the whole picture of the incident and damage extent may be clearly described to enable the liability assessment as well as to complete a good claim handling. The result depicts an effective evidence collection within the company’s management level. The Swiss cheese theory and Deming Cycle are methods utilized in this research. The purpose is to use reasonable methods to rightly describe the marine incident in this research, and therefore more accurately improve evidence collection. This research is of study research. By way of analyzing case precedents and practices, related operational procedures are made. Not innovative but hopefully of some valuable reference for future marine incidents.
|Appears in Collections:||[商船學系] 博碩士論文|
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