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On The Mandatory Legal Regime Under The Law Of Carriage Of Goods By Sea

Posted on:2010-02-05Degree:DoctorType:Dissertation
Country:ChinaCandidate:D Y MaFull Text:PDF
GTID:1116360275453887Subject:International Law
Abstract/Summary:PDF Full Text Request
The mandatory legal regime under the Law of Carriage of Goods by Sea outshines others,runs through the legislation of carriage of goods by sea,constitutes the special characteristics of transport laws.This paper synthetically and systematically explores the mandatory legal regime under the law of Carriage of Goods by Sea, including the historical sources,the evolutionary process,the value tendency,the economic analysis on mandatory legal regime as well as series problems of modernization and localization of mandatory legal regime under the Chinese contract laws.Chapter one is an introduction to the mandatory legal regime of Transport Law on the Carriage of Goods by Sea.The introductory function is served as the basic and premise of the paper research.The historical explanation of mandatory legal regime of Transport Law on the Carriage of Goods by Sea in chapter two is regarded as core which mainly puts the research under the systematology.The author seeks the historical research of sources of mandatory legal regime of Transport Law governing the Carriage of Goods by Sea from a whole,stresses synthetic and with a way of dimensional network research.In order to recognize the legislation process of mandatory legal regime under the law of Carriage of Goods by Sea comprehensively,in the second and the third chapter,the author mainly takes it as a clue and studies its developing process. The study in the fourth chapter,under the legal philosophy model,systematically analysis the compulsive system of Transport Law Governing Carriage of Goods by Sea and emphatically answered the reason of Transport Law of Carriage of Goods particularly focused on the mandatory legal regime of the transport laws.The paper proposed an axiology of mandatroy legal regime of Transport Law on the Carriage of Goods by Sea——"double-dimensional value configuration".Chapter five mainly explores the reservation and abolition of mandatory legal regime under the law of Carriage of Goods by Sea under which law and economics angle.Chapter six concerned about the issues on the modernization and localization of the mandatory legal regime of transport law on the carriage of goods by sea under the Chinese contract laws.The paper with a positive analysis method,from a unique angle,proposed a self-sufficiency theory and proceeded a demonstration on the mandatory legal regime under the law of Carriage of Goods by Sea under the maritime law culture.As the corroboration of mandatory legal regime of Transport Law on the Carriage of Goods by Sea——"double-dimensional value configuration" has comprehensively analyzed to the mandatory legal regime under the law of Carriage of Goods by Sea from legal economy view,put forward a view of "Softened multi-level compulsive system" and renewedly investigated the transaction subjects,the transaction contract types and the categories of responsibility and obligation etc.The paper takes the basic theories of mandatory rules as foundation,based on an investigation of the defects in chapter four in Chinese Maritime Code,proposed a softening process mode of compulsory rules plus gives a new scheme of compulsory rules about the forth chapter of Chinese Maritime Code.
Keywords/Search Tags:Law of Carriage of Goods by Sea, Double-dimensional value configuration, Maritime law culture, Softened multi-level compulsive system, the Rationality of legal criterion structure
PDF Full Text Request
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