Study On The Period Of Carrier's Responsibility Under The Carriage Of Goods By Sea

This paper is a study on the period of the carrier's responsibility under the carriage of goods by sea. Since the concept of "the period of the carrier's responsibility" produced, scholars have dispute about its connotation and extension, and have different doctrine. The provisions of Maritime Code of the People's Republic of China (hereinafter CMC) also have several problems. This paper is to define this concept by nomological analysis and comparative method.In addition to introduction and conclusion, the paper is divided into three parts.Chapter one is the nomological analysis and doctrinal interpretation of the period of carrier's responsibility. From the view of nomology, we can define the connotation of the concept, and find its difference and relation with other similar concepts. Then the chapter introduces and analyzes several doctrines of Chinese scholars. Because the points of view are different, it is essential to define the concept in CMC.Chapter two is about the introduction of domestic and overseas correlative provisions and detailed analysis. The chapter classifies the domestic and overseas correlative provisions into three sorts:the period of the occurrence of the lost and damage; the period of law's compulsory applying; the period of the occurrence which caused the loss, damage or delay. Summarizing these different provisions, we can draw the conclusion.Chapter three focuses on analysis of the provisions of CMC. Following the approach of the previous chapter, this chapter firstly introduces the provisions of CMC and analyzes the problems, then draws out the intrinsic meaning of the provisions, and finally shapes the perfecting suggestions.