Uniform Act On Contracts For The Carriage Of Goods By Road And The Enlightenment To Chinese Law

As the ending of FOCAC Beijing Summit,the dealings between Africa and China become more and more frequently.How to know the African law deeply in order to forecast the economy consequences becomes the focused issue of the Chinese investors.In 1990's,because of the slowly economic growth in Africa,each state seeks the way to reform and develop.Under this background,sixteen West African countries created OHADA(the Organization for Harmonization of Business law in Africa). It aims to guarantee the harmonization of local legal in order to favor growth and encourage investment in Africa.Now,OHADA has become one of the most influential organizations for African business.Its main achievements are adopted eight uniform acts,one of which is UNIFORM ACT ON CONTRACTS FOR THE CARRIAGE OF GOODS BY ROAD.In the follow of OHADA's objective and purpose,UNIFORM ACT doesn't only accept some of CMR's provisions,but also makes some of creations.This UNIFORM ACT regulates the contract for the carriage of good by road through six sections:the scope of UNIFROM ACT,contract and shipping documents, performance of the contract of carriage,liability of the carrier,exemptions,limits of liability,disputes and final provisions.The UNIFROM ACT plays the vital role in unifying the regulations,reducing the transportation time and saving the expense.This paper takes UNIFROM ACT as a standpoint,pointing out some flaws in our present related laws,which are lowly effect of transportation law,fuzzy natural of consignment,unclear responsibility principle for carrier,and the regulation favoring the carrier on how to compensate the sender or the consignee in the mistaken delivery and non-insured transportation. With the development of economic globalization,China joins in many international organizations,especially playing a vital function in Shanghai Cooperative Organization.So we must make some revision on our domestic related legislations,in order to keep up the international advanced law.In the view of above flaws,should carry on the revision in the following aspects:enhances effect of related legislation regulating the transportation,confirm the probative force and transferable function of consignment note,implement the strict responsibility principle to the carrier,compensate the sender or the consignee according to the actual loss in the mistaken delivery,conditionally deny the form provision's effect in the non-insured transportation.In a word,it is our starting point to know the contents of Uniform Act.How to learn from its function in order to provide our suggestions to our related laws,that is our final goal.