Study On Employer's Liability In The Field Of Carriage By Sea

Employer's liability system is a fundamental system of the Civil law theory on the basis of the relationship of employing. It should be also as a basic system to research in maritime law, because employment is generally exist in the field of carriage by sea, and the maritime law is a special one in the category of Civil law. It will use the employer's liability theory in the Civil law as a basis, and combine the specialty of the maritime law, trying to do a systematic analysis for the employer's liability theory in the field of carriage by sea. Hoping what it has done could improve the maritime law's basic theory, also coordinate the relationship among the Civil law, maritime law and relational international convention, and improve the legal system of carriage by sea.It discusses in 4 parts of the employer's liability of carriage by sea: the basic theory, basic relationship, main problems and the development tendency.In the basic theory part, it gives a boundary between the concept, scope and the character of the employer's liability in the field of carriage by sea, affirms the strict liability is the doctrine of liability fixation of employer's liability. In the bases of employing relationship part, there are three items comprehensively and systematically, which are about the basic conditions of the shippers undertaking the employer's liability, and these three items are crews' tort, the relationship of crew employing and crews' duty behaviors;In the main problem part, comparing with the Civil law's employer's liability, it discusses some special problems that exist in the employer's liability in the field of carriage by sea and concludes several features in the employer's liability of the special field. In the last part, it analyzes the effect of the "performing party" liability in the UNCITRAL transport law to the employer's liability, and concludes that the employee should not apply to the performing party's legal system, because the employee's special inferior economic position is different from other "performing party", and we should use the employer's liability system properly. Finally, after the whole discussing, it attempts to give some advice to maritime law, which may improve the employer's liability in the field of carriage by sea.