A Study On The Doctrine Of Liability Fixation In International Carrier Of Goods By Sea In The Maritime Law

Doctrine of liability fixation in international carrier of goods by sea is the essence of international maritime laws of carriage of goods or even where the shoe pinches of the whole maritime law. The fault liability of a carrier in Maritime Law of the People's Republic of China is limited on certain conditions. In the author's opinion, such principle has already been behind the time comparing to the nowadays navigation conditions. Though no systematic, complete and authoritative literatures regarding the adoption of principle for full liability with fault for references at this stage, the author proceeded with the analysis of the doctrine of liability fixation in China's maritime law by means of analytical procedures in science of civil law, history, laws and economics incorporated with the situations of China and then further probed into the possibility of the substitution of the full liability with fault principle for the current liability system. Proposals were made for the improvements in China's maritime law.The thesis is composed of three parts.In the first part, basic principles of doctrine of liability fixation were introduced followed by the exposition of the principle of doctrine of liability fixation set forth in the Maritime Law of the People's Republic of China. In this part the author also reviewed and commented on the views and proposals by others with regard to which principle was to be adopted. Analytical procedures in science of civil law, history, laws and economics were adopted in the...