Research On The Legal Responsibility System Of Maritime Carrier

The Ocean Carrier’s Liability Regimes is the core issue of the International Carriage of Goods by Sea Act, which relates not only to the interests of both the cargo balance and determines the basic characteristics and value orientation of international law on maritime transport. The content of the Ocean Carrier’s Liability Regimes in international covenant has kept changing, and the outstanding problems in this area focus on Nautical Fault Exemption, Carrier’s Liability Attribution Principle, and the Allocation of Carrier’s Burden of Proof, etc, which constitute important core problems of the Ocean Carrier’s Liability Regimes. Therefore, my thesis starts from analyzing the change of the content of Carrier’s Liability Regimes and the deeper intrinsic reason, and then comes reviewing the change of Nautical Fault Exemption, Carrier’s Liability Attribution Principle and Allocation of Carrier’s Burden of Proof. Furthermore, on the basis of that, my thesis sums up the shortcomings of the Ocean Carrier’s Liability Regimes in china’s Maritime Law and makes recommendations to improve china’s Carrier’s Liability Attribution Principle and Allocation of Carrier’s Burden of Proof. Generally, my thesis advises to retain the system of Nautical Fault Exemption in light of the realistic situation of china on the subject of the Ocean Carrier’s Liability Regimes. In the process of argumentation, my thesis refers to several international conventionsSpecifically, this thesis will focus on those problems mentioned above and elaborates through four parts.First part mainly deals with the general description of the Ocean Carrier’s Liability Regimes. First, it defines the connotation and extension of the Ocean Carrier’s Liability Regimes, and introduces its origin, development, and the economic and social reason of the development. In the end, it presents the newest reforms of the Ocean Carrier’s Liability Regimes. Second part reviews the key point of the Ocean Carrier’s Liability Regimes and analyses reservation or abolishment of nautical fault exemption and its influence on carrier’s liability. Third part mainly analyses the core issue, doctrine of the ocean carrier’s liability, its three forms, strict liability, and incomplete fault liability system to carrier’s liability, fault liability. At the same time, it reviews and analyses the allocation system of the burden of proof under the normal situation, excluded perils, the fire, seaworthiness obligation and mixed responsibility. Fourth part introduces the current legislation of the ocean carrier’s liability regimes of our maritime law and the trends of it, which focuses on the argument and attitudes on the abolition of nautical fault exemption, and how to improve the principle of liability, the allocation system of carrier’s burden of proof, and expand exceptions.