Research On Limitation Liability Of Port Operators

In the current legal system, the legal status of China port operators in a very clear position. Goods by sea transport links important part of the legal status of the port operators, port operators and rose to the level of legislation to be addressed,"Maritime Law" and other existing laws does not give its defense of the provisions of the carrier the rights and limitations of liability. In judicial practice, the port operator is often given "actual carrier","carrier servant","independent contractor", to fulfill the identity of the assisted person, etc., which enjoy belonging to invoke the provisions of the Maritimethe defenses and limits of liability of the carrier’s rights. The above comments are uncompromising, have great persuasive, but specific problems are targeted by judicial practice in the substantive law on the legal status of the port operators are still unidentified.The Rotterdam Rules was first introduced in the carriage of goods by the laws of the maritime performing party system, in transportation law to establish the legal system and legal responsibility of the maritime performing party, including the port, including the maritime performing partyWith the birth of the "Rotterdam Rules", the main responsibility for the creation of new "maritime performing party" as the "Rotterdam Rules", the relevant provisions of the "Rotterdam Rules" maritime performing party has formed a complete system, including the main, right,obligation, liability, litigation, port operators into the scope of "maritime performing party" clear provisions of the enjoyment and the carrier’s defenses and the right to limit liability for the solution to the problem of the port operators to provide a new opportunity, the oceanperforming party into the cargo claim direct object can alleviate the problem of recourse between the carrier and the performing party to avoid the waste of judicial resources.But the port under the Rotterdam Rules performing party is not exactly the same as the port operator on the significance of China Port Act, to start from the meaning and scope of the port operator under current law, the existing law and the Rotterdam Rules under the responsibility of the port operator to limit the issue of compensation for analysis. The thesis is divided into three parts: The first chapter analyzes the status of port operators under the Limitation of liability from the two aspects of the theory and judicial practice by our current laws.The second chapter ranalyzes the difficulties in the current maritime law under the responsibility of port operator faced by the problem, the port operator to define the legal status according to their performance in different legal relationship, and explore the existing legal systemthe responsibility of the port operator to limit the solution of the problem and put forward their own views.The third chapter outlooks "Rotterdam Rules" maritime performing party system, the introduction of the impact of the legal relationship of the port operators in the maritime transport of goods, the relationship between the difference between maritime and port operators, and discuss the maritime performing party systemlimitation of liability of port operators.