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

By means of comparison analysis, the article searches into the characters of the carrier's liability of three main international conventions, and summarizes its development trend nowadays. On this basis, the article points out the problems of the existing carrier's liability system in China, introduces the research fruits of CMC amendment commissioned by Chinese Transportation Ministry, the scholars' opinion and the relevant policies of Chinese government, analyses the elements of the basis of the carrier's liability, and finally establishes the author's legal propose for the basis of the carrier's liability of the carriage of goods by sea in China. The article intends to seek for the theoretical ground and practical experience to perfect the carrier's liability system of the carriage of goods by sea in China.The dissertation is composed of 6 chapters with nearly 50 thousand words.In the first three chapters the provisions of the basis of the carrier's liability in Hague-Visiby rules, Hamburg rules and UNCITRAL's draft instrument on the carriage of goods by sea, which is being amended, are introduced; their characters are compared; the background and their significance are explored; a conclusion is drawn that the basis of the carrier's liability is determined by the shipping development status of the time, to coordinate with the economic base, and UNCITRAL's draft instrument reflects the recent worldwide development on the basis of the carrier's liability.In chapter four, with a view to the status quo of the carrier's liability in China, by illustrating specific cases, the article discloses the contradiction inside the twin system, the confusion and conflicts caused thereby.In chapter five, the research product to amend CMC and scholars' opinions are introduced, and relevant policies of Chinese government are analyzed, to construct the base for further discuss in chapter six.In chapter six, after several elements relating to the basis of the carrier's liability which brought forwards in previous parts are construed, demonstrated and balanced, the author's project of modifying the basis of the carrier's liability of the carriage of goods by sea in China is put forward.