國際海上旅客運送法規範與我國海商法相關發展之探討

International Legal Development of Carriage of Passengers by the Sea with the Reference to Future Modification of Taiwan’s Maritime Law

近年來海上旅客運送往來逐步興盛，國際間為強調海上旅客運送之重要並重視旅客之安全，早於1974年便簽定了雅典海上旅客及行李運送公約（Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea，1974年雅典公約）及1976年雅典海上旅客及其行李運送公約議定書（Protocol of 1976 to Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea，1976年雅典公約議定書），我國《海商法》對於旅客運送一節，規定並非完備，不是依第79條準用貨物運送的規定，抑或依《海商法》第5條適用《民法》的規定。

Following with blooming businesses of carriage of passengers by the sea, the international community had emphasized the importance of passenger transportation by the sea of and the issues of traveler safety. For this purpose, many countries had signed the “Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea” in 1974 and “Protocol of Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea” in 1976. Regarding the passenger transportation by the sea, Taiwan’s Maritime Law had yet fulfilled related enactments, rather than applied to the rules of cargo transportation in the Maritime Law or general rule of Civil Law. Neither the application of rules of cargo transportation nor general rules of Civil Law was a suitable way to resolve related problems.