Study On The Legal Responsibilities System Of The Actual Carrier

The rules of actual carrier constitute a unique legal system of the Hamburg Rules and CMC. CMC introduces the concept of the actual carrier from the relevant provisions of the Hamburg Rules to resolve the problems of the rights,obligations and responsibilities of the actual carrier, increases a relief channel for the shipper when the loss and damage occur to the cargo. The establishment of this concept has great theoretical and practical significance in identifying carrier and solving carrier's responsibility.But, so far, there are still many different arguments about the legal system of actual carrier in theory, especially on the issues of the concept,identification,rights,obligations and responsibilities of the actual carrier and so on. And the related cases are limited, so it adds many difficulties to learn and master the codices, and also adds difficulties for the judicial practice to identify the actual carrier correctly and run the actual carrier's responsibilities under the law. So this system does not play its rightful value.In this paper, firstly, the author reviews the origins of the actual carrier's system, and explores the legislative intent. And then analyses the arguments of the actual carrier's concept, puts forward the personal views on the basis of the practice and theory of jurisprudence. The actual carrier is entrusted by the carrier and involved in the carriage of goods, the trust do not represent trust contract, in general, the trust between the actual carrier and the carrier mainly performs the charter contracts and the contract of carriage of goods by sea. Any other person to whom such performance has been entrusted under a sub-contract is also the actual carrier; the actual carrier need not transport the goods by himself. The way of carriage is not limited to maritime transport, and it also includes the land-carriage.Second chapter, the author analyses the nature of the actual carrier's responsibilities, and elaborates dual nature of the actual carrier's responsibilities.Third chapter, how the actual carrier to take its responsibility. Because of the demarcation of the actual carrier and the carrier, and the provisions of the actual carrier's responsibilities are not defined clearly in the CMC, the author suggests the actual carrier's right, obligations and responsibilities should be spelled out in the code. Then the author elaborates the actual carrier's non-essential joint and several liability.Fourth chapter, the author compares the relevant provisions with the other countries and makes a comparative study on the actual carrier's concept and responsibility on the basis of 99'US COGSA and CM1 transport iaw(draft).Fifth chapter, the author studies the limitation period of about the actual carrier, and analyses the existing problems, then puts forward a view to perfect it.Last chapter, the author puts forwards some constructive suggestions on the actual carrier's system. We can model CMI Transport Law(draft) to define the actual carrier. To the actual carrier's responsibility, which should be spelled out in the code. When the actual carrier takes the joint and several liability, which should bear the burden of proof. If the actual carrier can not provide the proof for the damage, he should hold joint and several liability with the carrier.Above all, the author hopes to provide some valuable references for perfecting the actual carrier's legislation and guiding the judicial practice through this study.