A Study Of Some Issues On The Modification In CMC Chapter Four

China maritime law is a topic of heated discussion for modification at a time of when marine science and technology are developing so quickly that navigation is modernized and the hazard on the sea is reduced. Especially on entering the mid of last century, the appeal to build up international navigation economic new order which requires the reasonable allocation of the risks at the sea, reform the conventional law system, oppose transportation monopoly by the developed countries. All that reflect the new tendency of maritime law under new circumstances. Under such conditions, the modification of CMC is high on the agenda.This thesis studies the variation of shipper's and carrier's rights and obligations, and offer relevant legislative suggestions. In this thesis, what I first analyses are the definitions of carrier shipper, consignor, etc.. I bring up some propositions through the comparisons with other counties' legislation,Secondly, the basis of liability is one of the most difficult issues in the amendment of CMC. Apparently the conventional practice is quiet reasonable. Considering China's particular situation and the reasonableness and general application of international conventions, we should sustain the original regulations on this issue.Thirdly, it has always been an issue over the range of carrier's lien on cargoeso By analyzing the two of the main opinions on it and referring to the other countries' provisions on liens, this article manages to find out and identify an omission in Art.87 of CMC. So, I make a proposation that the kinds of cargoes to be subject to the carrier's lien shall be "the cargoes which has been shipped by the carrier and which incurs such charges."Last is about the shipper's right to modify and rescind the contract. The Article 308 of the Contract Law is kind of simple. I think that we should so amend it in the CMC as to define duration of right, the parties with such right or duty and so on.It is our conclusion that under the new circumstances, some definitions must be amended, while the liability basis is reasonable. Meanwhile, in view of the amendments of our Contract Law, we should implement corresponding changes. Also, we can see that, some provisions on the lien on cargo about the cargo lien must be changed.It is believed that the study of the above issues is necessary and beneficial to the amendments of CMC. It will also promote the maritime law legislation and law practices.Wang Fumei (Civil and Commercial Law) Directed by Li Yunzhang...