The Multimodal Transport Operator's Liability

Continuous improvement of transport technology and tools as well as the further development of international trade, International Multimodal Transport of Goods is developing rapidly. In view of this new type of transportation practice, relevant national and international organizations have developed a number of inter-modal adjust the rules in the mid-and late twentieth century and our country also made the corresponding provisions of this in the relevant legislation. According to all international and domestic legislation, the multimodal transport Operator's Liability is naturally the core to build international multimodal transport system. However, compared with the international legislation, the rules on this issue in our country is not perfectly designed, we need to further improve it.This paper introduces the International Convention on international multimodal transport and domestic law with the method of historical materialism , then compare analysis of the final methods of international and domestic laws and regulations related analysis of the advantages and disadvantages with the analytical method of dialectical materialism of its meticulous analysis. This paper introduces the development of International Multimodal Transport of Goods and legislative status, the main duty of the International Multimodal Transport of Goods, the responsibility system of the international multimodal transport operators, the principle to determine the responsibility of the international multimodal transport operator, the Criterion of International multimodal transport operator and the liability limitation of the operator. Finally make some suggestions to improve the international multimodal transport operator duty system in our country. Uniform accountability Amendment should be used in the responsibility of the multimodal transport operator. Uniform accountability is the development trend of the responsibility of the international multimodal transport operator system. Council should consider our country the next step with international practice. At the same time, the form of accountability and responsibility for the decision limit the level of direct distribution rights and interests of relevant parties. Therefore, the interests of freight and insurance parties should be taken into account in the liability limitation, so that well-coordinated relationship between the three parties will be made. Set up a specific legislation on multimodal transport at the right time; At the same time, test the advanced experience of international conventions and laws in other countries; Give clarity to the concept of Multimodal transport and multimodal transport operator; Norm corresponding qualification requirements of Multimodal transport operator; Clarify the legal status of Multimodal transport operator, as well as and other legal relations of the people take part in multimodal transport.Multimodal transport operator should be given the right to limitation of Liability for any form of goods damage. Breach of contract law in accordance with the general principles of relief, victims are entitled to full compensation if the contract so that it can be in the proper discharge of their status. However, in the area of the Carriage of Goods Act, for the creation of the mechanism for the equitable distribution of risks between the goods carrier or the interests of operators and stakeholders goods . Co-ordination between the concept of fair and effective value has been the guiding idea of development of cargo liability rules. In terms of multimodal transport, Effective value of the concept of people asked at least the cost of inputs to maximize the benefits. Transport operators bare the negative amount of damages as least as possible reflected in the amount of damages Compensation. Because effective value concerns the interests of business people, the liability rules build a natural bias in the multimodal transport operator. An important objective of the concept of fair value is to enable stakeholders to obtain fair results. Reflected in the amount of operator compensation, Fair value requires equivalent compensation for the damage to their actual to achieve the fair of actual results. This paper tries to build a legal system related by introducing the International Convention of the responsibility system of international multimodal transport operator.