A Study Of Delay In Delivery Rule In Maritime Code Of The People's Republic Of China

Maritime Code of the People's Republic of China was put in force in 1993, and in content it was in reference of the International Convention for the Unification of Certain Rules of Law Relating to Bill of Lading(the Hague Rules), United Nations Convention on the Carriage of Goods by Sea 1978 and so on. This law was, to some extent, advanced then due to its detailed classification and content with practice included. Nevertheless, after 14 years, the disadvantages of some rules in Maritime Code of the People's Republic of China begin to expose because of social development. In August of 2007, Standing Committee of the National People's Congress proposed to revise Maritime Code of the People's Republic of China. This paper aims to work out some improving suggestions and provide some theoretical base for relative law making through the study on one of the most debating rules among Maritime Code of the People's Republic of China - rule of delay in delivery. Furthermore, in the process of study we are to compare Maritime Code of the People's Republic of China and other international pacts as well as Chinese Contract Law etc.This paper consists of three chapters as follows:Chapter one includes the overview of delay in delivery by comparison with some other international pacts and laws in other nations or areas, and then presents relating opinions of Chinese experts which are different, analyses the causes and general principle of economic compensation.Chapter two includes the definition of delay in delivery and the analysis of remedies and prove responsibilities. The defect and shortcoming of it are also Chapter two includes the definition of delay in delivery and the analysis of remedies and prove responsibilities. The defect and shortcoming of it are also presented in the paper. It is the centre of this thesis, which can be assumed innovative. In this Chapter, the attention is paid to the point that "the person entitled to make a claim for the loss of goods may treat the goods as lost". The author confirms that the behavior of treating the goods as lost made by the person entitled to make a claim for the loss of goods is a remedy for delay in delivery.Chapter three indicates relating improving suggestions on the defect and shortcoming put forward in Chapter two.