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A Study On The Perfection Of Shipping Rules For Maritime Cargo In China 's Maritime Law

Posted on:2016-08-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y MaFull Text:PDF
GTID:2206330464955841Subject:Law
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2008 "Rotterdam rules" officially adopted. As of 2015, 25 countries signed this Convention, and 3 countries ratified the Convention. The Convention as a master of the world’s three major maritime conventions, not only change the conventions in some rules which has been executed for a long time, also creatively introduced some new systems, by the widespread concern in the international community.On the writing of this paper divided into three parts, compared to the "Hague Rules", "Hamburg rule", the Rotterdam Rules on the carriage of goods by sea rules with new development, mainly reflected in: from to extend the period of the carrier’s liability, modify the imputation principle of the carrier to complete fault liability, expand the scope of the subject of carrier increases the carrier’s liability; clear the scope and compensation liability of the maritime performing party; add the controlling rights system and the volume contract rules.The second part analyzes the defects of Chinese "maritime law" rules of carriage of goods by sea. "Maritime law" the sea cargo transportation rules defect is mainly reflected in the provisions of the liability of the carrier are unified interval of liability for the carrier; lighter narrow and liability problems which results in the loss of maritime performing party rules of liability of the carrier as the scope of the subject; at the same time, there is no set up control system leads to transfer of the bill of lading is not smooth and the shipper can not on maritime transport goods issued instructions; lack of volume contract rules will not only inconvenience to large transactions between carrier and shipper, and is not conducive to the development of the international shipping industry in China.The third part is the "maritime law" rules of carriage of goods by sea in suggestions. Mainly from the change of carrier liability principle, expand carrier liability, unifying the carrier’s liability during the three aspects put forward suggestions to perfect the liability of the carrier; conditions from the control of the exercise, the exercise of power restriction and control exercise period, the responsibility undertake analysis, suggested that " maritime law " in the carriage of goods by sea rules to add the contents of the control; from conducive to the long-term development of China’s international shipping point of view, it is recommended that the maritime law of carriage of goods by sea rules added volume contract rules, mainly including main contents of volume contract and protection of the third party.
Keywords/Search Tags:Carrier Responsibility, Maritime Performing Party, Rights of Control, Volume Contract
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