Exploration Of The International Shipping Carrier Fault Exemption System

The carrier liability system is an important part of international maritime goodstransport law. As a special exemption system, carrier’s nautical fault exemption, hasattracted wide attention, and has a significant impact on the development of theinternational trade and the maritime transport industry. Nautical fault exemptionsystem，with its unquestioned legitimacy，is the result of a compromise of the interestsof the carrier and consignor, which responsive to then social and economicdevelopment, embodies a series jurisprudence values of justice, such as fairness, andefficiency. But with the international trade legislation constantly modify, the existenceof nautical fault exemption has aroused heated debate. The research of nautical faultexemption system has an important reference value on the amendment of China’sMaritime Law.In the paper, the abolition of carrier nautical fault system were taken as theresearch object. The first chapter firstly elaborates the main content relating tonautical fault exemption, including its concept, cognizance, types. Then by usinghistorical analysis, value analysis, and empirical analysis to discusses the historicaldevelopment and jurisprudential value of nautical fault exemption system. The secondchapter system analysis of the abolition of nautical fault system, including the reasonsfor and against of the abolition of nautical fault system. The third chapter conductdepth analysis of the impact of the abolition of nautical fault system, focusing on the analysis of the impact on the carrier and other maritime system. The fourth chapterdiscuss what kind of impact on China if the nautical fault system were abolished, andChinese maritime legislation how to deal with this trend of abolition of nautical faultsystem.The development of carrier liability system is the demonstration of the fightingand compromise on interests between carriers and consignor, built on the fairness andvalue. At the same time, the existence of carrier liability system has huge impact onmaritime law, influencing and restricting the maritime insurance, common sea damage,ship collision, sea accidents rescue and liability restriction and other maritimeregulations. The final conclusion is that although the complete carrier liability systemis a reasonable regulation, its belong to the future. That’s to say, the condition forcomplete carrier liability system application is not ready and longer process to apply itwas required. China as a developing maritime country should temporally keep thenautical fault exemption system. However in order to conform to the trend thatinternational maritime legislation gradually unifying, China should also continue theamend and improve the Maritime Law, and to lay the foundation for abolition of thenautical fault exemption system in the future.