Study On The Right Of The Consignee To Request The Compensation To The Carrier In Long Distance Trade

Sea shipping becomes the main transport of remote sales because of the huge capacity,low cost and safty. With the development of economics,there are increasingly frequent remote sales, more kinds of goods,more complex relationships and more disputes.And the lack of relating law is in sharp contrast to the increasing disputes.So it is very important to perfect the regulations for the maritime trade and the legal construction.The main parties of maritime trade are consignor,consignee and shipper.The basic procedure of maritime trade is the consignor signed the sale contract with the consignee and signed carriage contract with the shipper,and the shipper transport the goods to the receiving port and deliver the goods to the consignee.So the shipper is an important sole for the safty transportation the goods.But the maritime transportation is also risky,for the shipwreck,reef striking and the bad weather.These risks can not charge upon any parties,and according to the rules of risk bearing of the law,the consignee should take these risks.But how about the risks causes by the shipper?Our maritime law lists12disclaimer subject of the shipper,it means that the shipper is accountable even give rise to the goods damage because of one of the12reasons.And according to the law,the consignee must pay to the consignor as long as the consignor delivered the goods in accordance of the contract even the goods are damaged by the shipper.So the consignee is the actual undertaker of the goods loss,and the shipper is the actual causer of the goods loss.It seems that the consignee can ask to the shipper for his loss,but actually,there is no relating rules to deal this kind of disputes between the consignee and the shipper.The opinions among the scholars are different,and different courts give different judgment.The article aims to solve two questions:Dose the consignee has the independent right of claim to the shipper for the loss caused by him,and what is the basis of the right.The thesis will put forwatd to some suggestions to complete the law after analyzing the present situation of domestic laws and the foreign regulations.