Study On The Problem Of The Ocean Carrier Identification

With the continuous development of maritime industry,Gave birth to the emergence ofliner shipping and container transport mode,Led to the relationship between theparties involved in the complex maritime freight.Plus the bill of lading is not standardoperation, making the carrier identification problem into an international maritimelaw is a major problem.The ability to quickly identify the correct first step is aprerequisite for the cargo carrier claims is an effective defense of the ship, on the twoparties are of great importance.While the international community has tried to developan international convention by sea freight carriers to identify problem solving,but donot know these conventions between countries and the same degree of recognition, itis very difficult to reach a unified opinion.So each country according to its own legaltraditions and understanding to solve the carrier carrier recognition problems,resulting in a similar case in a different verdict practice.The main factors affecting thecarrier has identified the following two aspects, one is in a complex maritime cargotransport, manage and bill of lading issued by mixing theory lead to the identificationof the carrier’s bill of lading according to difficulty, the other is the concept of theinternational carrier content should be covered no authoritative definition.Therefore,this paper attempts to analyze the overall carrier to identify problems and proposesolutions for the identification of the root causes of the impact of the carrier.And referto the "Rotterdam Rules" in the system and the maritime performing presumedidentity system based on the combination of legislation and judicial practice, thestatus, in line with China’s national conditions to establish a carrier identificationsystem.