The Legislation Of The Maritime Performing Party In China

Under the Rotterdam Rules, the Maritime Performing Party is a new conception and legal system which adapts to the development of the Iner-modal transportation and door to door carriage.The Maritime Performing Party is entitled to the same defense and limitation of liability of the carriers. At the same time, it included the port operators and unified the range of the persons entitled to limit liability for maritime claims.Thus, this conception play a pivotal role and have profound significant in the development of transportation. Comparing the reformation of law in other countries, the concept of actual carrier in the Maritime Code and the legal status of the operators of Transport Terminals is not clear respectively in China that leads the legal system of Performing Party in China falling behind with other countries. Considering the issue, this thesis will explore some legislation suggestion of the legislation of the Maritime Performing Party in China.There are four chapters in this thesis:In the first chapter, the essay will explore the background and the definition of the Maritime Performing Party. The content of chapter 2 is about the liability of the Maritime Performing Party. Chapter 3 is the evaluation of the Maritime Performing Party, following by the drawback of the concept of actual carrier in the Maritime Code and the effection of the Operator of Transport Terminals with the introduction of the conception of Maritime Performing Party. The last chapter puts forward the suggestions about modifying the regulation concerning the actual carrier in the Maritime Code and indicates that introducing the conception of Maritime Performing Party in the Maritime Code of China is the effective and efficient way for it to deliver long term benefits on the international trade of China.