The Research On The Basis Of The Carrier's Liability In Carriage Of Goods By Sea

The carrier's liability basis system is the core of the law of carriage of goods by sea, which reflects the conflict of interest between the carrier and the merchant obstructs or promotes the development of the international trade and the shipping, represents the trends of legislation and the mainstream thoughts of a nation, area, or even an age. At present, the law of carriage of goods by sea in the world conflicts so much, so the provisions of the basis of liability are not consistent. However, since the ambiguity of the related international conventions and various domestic legislations, as well as the differences in practice, there have been lots of controversy and misunderstandings regarding to this issue for a long time. For this reason, this article starts from the angles of history, legal material requirements, legal theory etc. and through systematic analysis, attempts to resolve the aforementioned problems. Meanwhile, by sorting the whole evolution process of basis of carrier's liability, the article concludes the future development trend, so that the marine transportation practice in our state can learn experiences from it.This dissertation is composed of introduction and text. The text is divided into five parts. Part I introduces and analyses comparatively the bound of the basis of carrier's liability. Part II summarizes the existing international treaties and several nations' carriage of goods by sea acts, which prescribe the criterion of liability differently. Part III and IV are interrelated with one another;they study the problem of the burden of proof in the system of the carrier's liability basis separately. The last part: "The Suppose of The Basis of Carrier's Liability in Maritime Code of Our State", which also acting as the conclusion of the full text, attempts to introduce recent changes in basis of liability , educes from which the major trend of carrier's liability is getting more and more heavy. Based on this conclusion, the author suggests that the educational circle and practice circle in China should pay more attention. On one hand, keep up with these trends in international society, and attempted to eliminate the relative loopholes existing in the legislation by the means of revisal and judicial explanations;On the other hand,quicken the development of shipping industry of our state, stress not only the quantity, but also the quality even more. Only by making great efforts in promoting the rate and the technological contents of vessel and improving the model of internal management, would China deal with the more and stricter requirements of the Carrier's liability well.