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No. 6 of Six Representative Cases involving Application of Model Texts Issued by the Supreme People's Court (Third Batch): Bai [REDACTED] v. [REDACTED] Shipping Company (Dispute over Liabilities for Ship Collision)— "Model texts + preliminary mediation" substantively resolved a major foreign-related maritime dispute
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最高人民法院发布第三批6件示范文本应用典型案例之六：白某与某航运公司船舶碰撞损害责任纠纷案——“示范文本+先行调解”实质化解重大涉外海事纠纷
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【法宝引证码】
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| No. 6 of Six Representative Cases involving Application of Model Texts Issued by the Supreme People's Court (Third Batch): Bai [REDACTED] v. [REDACTED] Shipping Company (Dispute over Liabilities for Ship Collision) | | 最高人民法院发布第三批6件示范文本应用典型案例之六：白某与某航运公司船舶碰撞损害责任纠纷案 |
| — "Model texts + preliminary mediation" substantively resolved a major foreign-related maritime dispute | | ——“示范文本+先行调解”实质化解重大涉外海事纠纷 |
| [Basic Facts] | | 【基本案情】 |
| On November 2, 2024, a foreign ship owned by [REDACTED] Shipping Company based in Liberia collided with a Chinese fishing boat in [REDACTED] sea area, causing the capsizing of the Chinese fishing boat, deaths of several crew members, and severe damage to the fishing boat and equipment on board. After the accident occurred, the foreign ship left the scene without providing any assistance. Bai [REDACTED], owner of the fishing boat, filed a lawsuit with the Dalian Maritime Court, claiming that [REDACTED] Shipping Company should compensate him for losses caused by the collision, in a total amount of 7.7941 million yuan. | | 2024年11月2日，利比里亚某航运公司所属外轮与一艘中国籍渔船在某海域发生碰撞，造成中国籍渔船翻扣、多名船员遇难，船舶及船上设备严重损毁。事故发生后，外轮未施救即驶离现场。渔船所有权人白某向大连海事法院提起诉讼，要求某航运公司赔偿船舶碰撞损失等共计779.41万元。 |
| [Application of the Model Texts of a Complaint and an Answer] | | 【起诉状、答辩状示范文本应用情况】 |
| During the case-filing, some content of the complaint submitted by Bai [REDACTED] was inaccurate, and some of his claims exceeded the scope of compensation for ship collision disputes. The case-filing judge guided Bai [REDACTED] in using the model text of a complaint for dispute over damage liabilities for ship collision and with reference to the common loss items listed in the column "Litigation Claims," sorted out item by item the loss of ship value, the loss of property on board, and other losses as well as the amount of compensation claimed, the calculation method, and the corresponding evidence. According to the prompts of the model text, Bai [REDACTED] supplemented a claim for fishing season loss and other claims that were previously overlooked but legally valid, and waived irrelevant claims such as fishery mutual insurance compensation and mental distress compensation. With regard to the salvage charges and personal injury and casualty losses that have been negotiated and resolved, both parties clearly stated that there was no dispute. Bai [REDACTED] commented with sentiment, "the model text is like a claim map and makes me clearly know which losses can be claimed and which evidence needs to be corroborated and it effectively avoided repetition and omission of claims and raising of groundless claims." | | 立案阶段，白某提交的起诉状部分内容不够准确，部分请求超出船舶碰撞纠纷索赔范围，立案法官指导白某使用船舶碰撞损害责任纠纷起诉状示范文本，对照“诉讼请求”一栏列明的常见损失项目，逐项梳理船舶价值损失、船上财产损失等损失项目、索赔金额、计算方式和相应证据。白某根据示范文本提示补充主张了渔汛损失等原先忽略但具有法律依据的索赔事项，放弃了渔业互保赔偿金、精神损失费等无关请求。对于双方当事人已协商解决的救助费、人身伤亡损失，则明确表示不存在争议。白某感慨道：“示范文本如同一张索赔地图，让我清楚知道哪些损失可主张、哪些证据需补强，有效避免了诉请的重复、遗漏和盲目主张。” |
| ．．．．．． | | ．．．．．． |
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