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On The Modification About The Liability Basis Of The Carrier Of The China Martitme Code

Posted on:2012-06-12Degree:MasterType:Thesis
Country:ChinaCandidate:Z R ChenFull Text:PDF
GTID:2166330332497653Subject:International Law
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The meaning of carrier liability basis is the principles basis of carrier undertake corresponding civil liability for loss of or damage of on the goods,it is a set of Liability Based system which mixed the allocation of the burden of proof principles, disclaimer items and others The foundation of responsibility is a very important part of the carrier'sliability system in the legal rules of international maritime transport of goods,it is also the most basic and the core part of "Maritime Code of the People's Republic of China".It have a great influence on the benefit of carrier and merchant.Nowadays,China maritime law is a topic of heated discussion for modification at the time of when marine science and technology developing so quickly that navigation is modernized and the hazard on the sea is reduced.Especially combined with the formulating background of "Rotterdam rules"and the international navigation economic new order requires the reasonable allocation of the risks at the sea, and so on. All that reflect the new tendency of maritime law under new circumstances.Under such conditions, the amendment the foundation of carrier liability of CMC is on the agenda.This thesis studies the variation of carrier's obligations basis, and offer relevant legislative suggestions.in this thesis, what I fist to do is provided an overview of the carrier liability basis in different international conventions, and put a comment on "Rotterdam rules"which is the international newest Legislative achievements. And at last make a conclusion that we should implement correspondiing changes under the new circumstances,In view of the above mentioned facts,the body section is divided into five parts.The first part provides an overview of the carrier liability basis of "Maritime Code of the People's Republic of China",and the necessary of amend the carrier liability basis of CMC.In the second part,the author introduced the change history by compared the "Hague Rules",the "Visby Rules"and the "Hamburg Rules",and manage to find out the differents and the reasonable aspacts about the carrier liability basis about the rules that above mentioned.The third part mainly introduced the "Rotterdam rules"which is the international newest Legislative achievements. This part includ the formulating background, the content of the relative articles.At last, reveals the main characters and the new problems arised by"Rotterdam rules",analysis the China's reponse about the new international rules.The fourth part combined with the "Rotterdam rules",the carrier's liablity basis is analyzed and evaluated from the following five aspects in this part:the carrier's navigational fault exception and the fire exception, the selection of responsibility principle,the enumeration of exception, the allocation of the burden of proof, the liability of seaworthiness of vessel.In the end, the author makes a general conclution on the amendments to the system of carrier liability under "Maritime Code of the People's Republic of China",thus be able to deal with impact after the execution of "Rotterdam rules", It will also promote the maritime law legislation and law practices.
Keywords/Search Tags:the liability basis of the carrier, the modification of the China Maritime Code, Rotterdam Rules
PDF Full Text Request
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