The Research On The Basis Of The Carrier's Liability Under Transport Law Draft Convention

The Basis of the Carrier's Liability has decisive effect on the liability regimes of the carrier in the carriage of goods by sea, which, as we know, is the focus of the law relating to the carriage of goods by sea. As the carrier's responsibility for loss of or damage to cargo is a kind of civil liability, the basis of the carrier's liability under the law of carriage of goods by sea usually related to criterion of liability. Chapter 1 of this thesis first introduces the category of criterion of civil liability (including fault liability, strict liability and liability without fault), furthermore analyses the burden of proof and the exceptions in the criterion of liability.However, since the differences of the related international conventions and various domestic legislations, there have been lots of controversies and misunderstandings for a long time. Chapter 2 explicitly discusses and analyzes the exceptions, defenses and burden of proof under the strict liability of common law, the fault liability with the exceptions covering fault in the navigation and management of the ship of The Harter Act and the Hague Rules, then the fault liability without the exceptions of the Hamburg Rules. Every change of legislations is concerted with the development of age. As far as the national law is concerned, the basis of the carrier's liability represents commercial compromise between cargo owners and carriers. As far as the international law is concerned, the basis of the carrier's liability reflects the compromise between the shipping countries and the cargo countries. Chapter 3 and Chapter 4 summarize and evaluate the newest provisions on the basis of the carrier's liability under Transport Law Draft Convention, especially the changes related to the exceptions of fault in navigation and management of ship, exceptions of fire and the doctrine of overriding obligation, in order to find out influences which would affect the carrier's liability system.Chinese Maritime Code has taken on forceful effect on the shipping and commerce, but with the development of age, some problems have arisen, the basis ofthe carrier's liability is the key point. In Chapter 5, referred to international carriage of goods by sea, especially Transport Law Draft Convention, the author makes the concrete suggestions and analyzes the rationalization relating to the basis of the carrier's liability.