Study On The Carrier’s Liability System Under The Carriage Of Goods By Sea Of China

Modern society is a society without geographical restriction, the globalization oftrade is strong evidence which reveal that. Researching the international trade cannotwithout studying the international carriage of goods, it is the most important link ininternational trade, and the liability system of carrier is the core and foundation ofinternational carriage of goods by sea. Now the international conventions governing thecarriage of goods by sea include Hague Rules, Hague-Visby Rules and Hamburg Rules,the three conventions resulted from different shipping background, representing thedifferent value orientation, protecting the different parties. They have differentprovisions in aspects of the period of liability of carrier, the scope of liability, theprinciple of liability and exemptions, these lead to shipping legislation confusion. Withthe development of the shipping industry, the trade industry, many of their provisionsalso have not adapted to the needs of the society. Therefore, people urgently need toamend the existing international conventions in order to achieve the unification oftransport law and adapt to the development of modern society. So Rotterdam Rulesappeared, it is shipping legislation’s youngest international convention, whichrepresents the contemporary social development and needs, developed a lot of newregulations, the research and evaluation about it has become the hot spot in internationalmaritime law field. Rotterdam Rules provides new blueprint for amendment of ChinaMaritime Law. This article focuses on four aspects of the liability system of carrier inthe three international convention regulations, and Rotterdam Rules’ latest development,combine with provisions of China Maritime Law and provide suggestions aboutamending the relevant provisions of China Maritime Law. The above problems areanalyzed through four chapters of this article.The first part is studied about the carrier and carrier identification. First introducesthe basic information of carrier, and then sequentially show the development of carrierthrough three international convention’s implementation time, followed by a briefanalysis of the relevant provisions of Rotterdam Rules and China Maritime Law,depending on the new regulations of Rotterdam Rules, writer propose the enlightenmentof amendment of the relevant provisions of China Maritime Law. At last, writer analysisthe division of carrier and actual carrier from the angle of the shipping practice. The second part spread out an analysis on the scope of carrier’s liability. This partincludes two aspects: first, the period of carrier’s liability, introduces the basictheoretical questions and the development direction of period from “hook to hook” to“port to port” and then to “door to door”, and analysis of the related regulation in China;second, the scope of carrier’s liability, emphatically from the angle of the seaworthinessobligation and obligation of care for cargo, discussing the relevant questions combinewith the related international conventions and domestic law of China.The third part is about the base of carrier’s liability. Writer respectively researchabout the principle of liability and the relationship between the principle of liability andexemptions clause that the three international conventions established, and the partiesshould be how to provide support for themselves, next study on the latest developmentof Rotterdam Rules. At last, study our principle of liability, and inspiration whichRotterdam Rules give to the modification of China’s relevant provisions.The fourth part put forward some proposals to perfect our system of carrier’sliability in the carriage of goods by sea. First, writer research the modification necessityof China’s regulations. Then, writer give corresponding suggestions for the carrier, theperiod of liability, the scope of liability, the principle of liability these four aspects.