Research On The Liability Of Carrier And Martime Performing Party Under 《united Nations Convention On Contracts For The International Carriage Of Goods Wholly Or Partly By Sea》

The history of International Transport of Goods by Sea Act can be seen as the history which regulates the rights and obligations of carrier. According to rough statistics, the carrier's terms account for the whole 70% of the substantive provisions of the "Hague Rules".Almost all the the terms of rights and obligations of the "Visby Rules" are the amendment of the carrier system in "Hague Rules".In terms of rights and obligations of the carrier has reached 60% of the substantive provisions of "Hamburg Rules".Statistics can be seen from the above that the carriers of goods are very important in international maritime transport of goods.Carrier system is the core of system of international maritime transport of goods and carrier responsibility system is the core of the carrier system..Such as Greece comments on the draft of"United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea" at the 41st Conference on Trade Law:This new international shipping conventions is intended to further strengthen coordination and harmonization of international trade law.The current international conventions and domestic legislation in different countries are extremely scattered, leading to a lack of uniformity, which inevitably reduces the commercial and legal certainty. In terms of all the parties the uncertainty on the international transport of goods is a very important factor However, if the new Convention will be widely accepted by the international community it should also ensure a fair balance between the rights and liabilities, which ensure a fair distribution of risks between the parties of the contract of carriage. In this regard,the provisions in relation to the right and liability of carrier are of particular importance. Based on analysis and discussion on the responsibility system of the carrier and the maritime performing party, On this basis, I look under the status of the system of legislation of responsibility of the carrier in China's Maritime Law and suggest amendments.The first chapter introduces the development of international maritime legislation; and the coexistence of three major international maritime law does not lead to uniform law applies. The international community, open the legislative process of "whole or part of the Sea United Nations International Convention on Contracts for the carriage of goods" to address this problem,and eventually introduced the Convention.Chapter II, III focuses on carrier liability regime under the Convention, which Includes to extend the period of responsibility of the carrier, the carrier liability of change, responsibility of the carrier-based carrier's liability limit change and the improvement of relevant legislation and the Convention Review.Chapter IV focuses on the maritime performing party liability system, which Includes the maritime performing party system and the specific content of the maritime performing party liability. In the last section of the chapter,the maritime performing party responsibility system which is to establish is reviewed. The system solves the problem of unclear responsibilities of port operators.Last chapter analysis the relevant legislation status of China Maritime Law, and combined with China's own national conditions table a proposal of China Maritime Law of legislative, and proposed to retain the nautical fault exemption system and improve the actual carrier system.