Study On Subjects In Loss And Damage Of Goods Cases In Transportation By Sea

Nowadays international trade is quite flourishing, and transportation by sea plays as the most convenient and favorable manner in the international trade. But there are high risks since loss and damage of goods often occurs in the transportation by sea. If consignors can not protect their interest by lawsuit when it happens, their will be greatly harmed, what's more, the commerce and manufacturing will too.The regulations of Maritime Law PRC on subjects are not sound, which puzzles courts on determining which subject has the right to claim for compensation and which subject has the liability of compensation. So it is necessary to analyze subjects and study on other concerned matters.There are three chapters besides Preface and Conclusion:Chapter 1 analyzes the right subjects, including Holder, Shipper, Consignee and Insurer. Writer defines these subjects, researches into their relations and the basis of their right to claim for compensation.Chapter 2 analyzes the obligation subjects, including Shipper, Actual Shipper, and their Employee and Agent. Writer studies their basis to fulfill the compensation liability, researches into how liability is divided among these subjects, and discusses legal characteristics of Transport Terminal Operator and Freight Forwarders.Chapter 3 analyzes the cases about loss and damage of goods, and the legislative trend of UNCITRAL Draft Instrument on Transport in order to consummate Maritime Law PRC. Writer discusses the defect of Maritime Law PRC on subjects, studies the legislative trend of UNCITRAL Draft Instrument on Transport, and bring forward legislative proposals to consummate Maritime Law PRC on the principle of protecting the interest of Consignor primarily, which includes introducing new concepts, remedying existing rules, and giving legislative proposals about the subjects'right to sue for compensation.