Research On The Maritime Transport Of Cargo In The Carrier's Seaworthiness Responsibility

Seaworthiness of the ship is a basic primary obligation of a carrier of goods by sea transport, however, because of international conventions and national laws are not clear and unified on the requirements, there has long been much controversy in this issue. The issue should be discussed separately from the historical evolution, judicial practice and other aspects of seaworthiness to conduct a comprehensive discussion of the relevant authority by invoking the jurisprudence of absorbing domestic and foreign channels such as the main research results, the use of literal interpretation, comparison to explain the dialectical analysis method combined with cross-analysis themes to meet domestic and international law focus on the recommendations put forward valuable purpose. The section of concept of seaworthiness and historical development, describes the various codes on the concept of seaworthiness requirements,combined with the law belongs to the era of the economic and social situation, the article analyzes The law of the place, progress and change process.In the "obligations of the carrier seaworthiness criteria and time to define" section, the seaworthiness of the ship is divided into objective seaworthiness and subjective seaworthiness, in addition to highlight any cargo between the two parties when disputes seaworthiness of the ship seaworthy again the burden of proof and reasonable allocation of the ship. Define the obligations of the time made clear seaworthiness stand in support of "Time, said," and "Book seaworthiness doctrine ".In the "carrier seaworthiness obligations and disclaimer", This part describes the importance and primacy of the carrier seaworthiness, analyses the relationship between the seaworthiness obligation and exemption in several major maritime conventions detailed. In the "new development of the carrier seaworthiness obligations "section,through the "ISM rules ","Rotterdam rules " and the Anglo-American case law duty of seaworthiness of the carrier to show the trend of modern maritime rules and progress of space. In the "China's maritime law's approach" part, the China's "maritime law" should be standard in the seaworthiness of the ship, the period of responsibility, the burden of proof allocation, learn from the case can be made, etc. With international standards improved.Through the research of seaworthiness obligations and detailed analysis of the carrier to find the ways to resolve their differences for the specific situation of our country, such as re-proposed a rational allocation of the burden of proof of seaworthiness, or will should attach importance to the jurisprudence of international legislation on maritime influence, and then, or do improvements on the ship management and operation of transportation. And hope to contribute to the cause of the Maritime Transport and the "Maritime Law" perfection.