Discussion Of The Actual Liability Of The Carrier System

In the Enactment of Maritime Code of the People's Republic of China, we referred to the "Hamburg Rules" and defined the concept of the "actual carrier". The actual carrier system establishes some relevant legal issues and solves the problems of the rights,obligations and responsibilities of the actual transporters that do not enter into the contract of carriage of goods by sea but participate in the carriage of goods by sea. So it promotes the protection of Consignors' interests. But the theory has some defects and faults. Some provisions in the system are not clear. For example, the nature of the actual carrier's responsibility, principle of liability of the actual carrier, the scope of responsibility of the actual carrier. Legislative immature resulted in some confusion in judicial practice, the actual carrier system also needs further study in theory. The author tries to research some questions in the actual carrier system.In Chapter One the author tries to analyze some important concepts, including entrust,implementation of the carriage of goods Practically,Responsibility.In Chapter Two the author tries to analyze the relations between the responsibility of the actual carrier and the responsibility of the carrier, and tries to analyze the question with the theory of the Unreal Joint Obligation.In Chapter Three the author tries to analyze the defects in the actual carrier system and propose some ways to improve it. In this part the author research the nature of the actual carrier's responsibility, principle of liability of the actual carrier,the scope of responsibility of the actual carrier and so on.In Chapter Four the author tries to analyze mainly the value of the actual carrier liability system from the legal and practical values.In order to improve the actual carrier liability system in theory and legislation, the author tries to research the defects of the actual carrier liability system and solutions in the article.