The Sea Stoppage

Right of Stoppage in transit by sea, (for short, this thesis calls it "stoppage in transit" below) was firstly provided in the laws of the countries of the Common Law System. With continuous development, a comparatively integrated "system of stoppage in transit" has been established in these countries, however the subject of Right of Stoppage in Transit by Sea has aroused international academy' attention so many years. Comparatively, the related researches in our country are so late and the marine practices are facing the puzzledom envy no law to comply with. As the contract law's establishment in 1999 which included some related regulations in this law, however these regulations haven't considered more about the marine practices and properly brought some new conflicts to the marine practice. So it's necessary to take the further researches of this subject, and expect to provide some benefit suggestions for the development of our country's marine legislation.This article composed by five parts:Part one, the author mainly introduces the origin, concepts, characters of the right stoppage in transit; Part two, the article mainly compared the regulations in America and England about right of stoppage in transit; Part three, the article mainly carried comparative research between the control right in CMI Final Draft of Carriage of Goods and the right of stoppage in transit for the better understanding of the current; Part four, this part disposed the disadvantages of the article 308 our country's contract law and should care so more when apply this article; Part five, this part mainly discussed our country's lawmaking status and provide the author's reasonable suggestions to perfect the system of right of stoppage in our country.