Study On The Issues Concerning Reservation Or Abolition Of Nautical Fault Exemption

Carrier's nautical fault exemption is one of the characteristic exemption causes and once played very positive part in international maritime freight transportation, but meantime, it violates the general fair principle. Nowadays, abolition of nautical fault exemption has become an irreversible international trend. Study on the issues concerning the reservation or abolition of nautical fault exemption presents very important theoretical and practical significance regarding our country's enacting domestic transport law on carriage of goods by sea, perfecting relevant legislation and guiding freight shipping practice so as to keep and promote the continuouse and healthy development of our country's shipping industry and relevant trades. The writer hopes that the study in this dissertation may provide some beneficial reference to relevant departments.This dissertaion , taking carrier's nautical fault exemption and whether to reserve or abolish it as the object of study, firstly, systematicly explains the main content relating to nautical fault exemption, including its legal concept, historical origin and development, basis of the legal principle and so on, and then, by means of such study methods as comparison analysis, norm analysis, practical analysis and combining internation law and domestic law, deeply analyzes the issues concerning whether to reserve or abolish nautical fault exemption, including the reasons for reserving and abolishing nautical fault exemption, the influences on carriers and relevant maritime legal systems when abolishing nautical fault exemption, and the influences on relevant industries and legal systems of our country when abolishing it. The conclusion is drawn as follows: the abolition of nautical fault exemption is an irreversible international trend, but , on the basis of the current situation of our shipping industry and relevant maritime legal systems, it is a wise choice for the country to reserve nautical fault exemption, and meanwhile, as the country is a big shipping country, which wishes to incorporate international shipping environment, itis also an irrevatible choice for our country to make good preparation for enacting of shipping industry and relevant trades when abolishing nautical fault exemption to comply with international freight transportation main trend.