On Principle Of The Interests Balance Between Shipping Parties And Cargo Parties

Balancing of international trade and international shipping industry interests and the resulting national interests involved are basic theory of law of international carriage of goods by sea, to study this theory is particularly important to China which is the second-largest trading nation and the first exporting country in the world. This dissertation, by using comparative research methods, historical analysis, value analysis, empirical analysis, law and economics analysis, inductive and deductive methods, a combination of macro-methods and micro-methods and statistical methods, try to achieve the purpose that establish theoretical system of Principle of the Interests Balance between Shipping Parties and Cargo Parties and guide the Chinese how to respond. This dissertation has introduction, content of five chapters and conclusion as follows:Introduction explains the topics significance, point making field, research content, research methods, research status, as well as the terminologies used in this dissertation.Chapter 1, by examining the relevant theories of legal principles and analyzing interaction development between trading industry and shipping industry and game playing among the national interests, demonstrates the existence of the Principle of the Interests Balance between Shipping Parties and Cargo Parties and it's status and role as the basic principles of law of international carriage of goods by sea, and analyzes differences between the interests balance of shipping parties and cargo parties and the interests balance of other common civil and commercial laws.Chapter 2 makes diachronic analysis about the interests balance between shipping parties and cargo parties basing on the different historical conditions and economic foundation, and makes synchronic analysis about differences of position of the interests balance of shipping parties and cargo parties and corresponding difference of legislations and judicatures between the Birtish which is the typical representative of shipping interests countries and the U.S.which is the typical representative of trading interests countries. Demonstrates that the Principle of the Interests Balance between Shipping Parties and Cargo Parties is a principle of dynamic balance under different historical conditions and different national interests. This principle has the changeable space-time characteristic. Chapter 3 explains the inevitability of international interests imbalance between shipping parties and cargo parties under advantage theory and industrial development theory, also explains the coordination necessity of international interests conflict between shipping parties and cargo parties under the requests of globalization general process of social production, cooperation and game playing development, internal industrial balance of the states and the new orders of international economy and trade, discusses the practice of international interests balance between the shipping parties and cargo parties, concludes the basic principles of international interests balance between the shipping parties and cargo parties.Chapter 4 describes the relevant systems as classification of the three dimensions of interests of shipping parties, interests of cargo parties and adjustment of anti-monopoly of international carriage of goods by sea, explains the Multi-directional, multi-angle and multi-level characteristic interactive balance and regulatory function of the Principle of Interests Balance between the Shipping Parties and Cargo Parties.Chapter 5, by using national economic theory, industrial economic theory and national interests theory, demonstrates the situation is that interests of cargo parties is more important than interests of shipping parties in China. Makes comments on Chinese maritime legislations basing on Space-time, international and multi-dimensional characteristics of the Principle of the Interests Balance between Shipping Parties and Cargo Parties. Demonstrates the guiding function of the Principle of the Interests Balance between Shipping Parties and Cargo Parties to maritime justice in China with combination theory of judicial activism.Last part is the conclusion of this dissertation.