| China’s WTO accession has more than ten years. The deepening reform at home and the enlarging opening to the outside world have brought continuous development in China’s foreign trade, and the carriage of goods by sea has entered into the glorious period of development. However, China does not have her slip law of "COGSA" so far, the regulations related to the carriage of goods by sea is only part of the Maritime Law promulgated in 1991, because China’s economic structure type has not been determined yet when the Maritime Law was drawn up. Certain provisions of the Maritime Law were subject to time restrictions, some provisions is outdated as for the development of China’s economy, the aspect reflecting Particularly Conspicuous in the "COGSA" Act is the systematic and independent of the structure.In this context, the study of "COGSA" individual legislative issue is very necessary. This paper gives a brief analysis in the current situation about carriage of goods by sea and its legislation, including its current legislative situation, features and evaluation. On this basis, the paper demonstrates the necessity of individual COGSA legislation from the development of maritime industry and the deficiency of the domestic Maritime Law. Then it elaborates feasibility of COGSA individual legislation. Lastly it provides some detail proposals for the legislation of China’s COGSA, including legislative framework and other issues. In theoretical side, this study may be inject new ideas to the theoretical development of maritime law; in terms of practice, we can creatively work out how to draft "COGSA" on the basis of combining theoretical research with practical experience at home and abroad.In summary, only shall we establish a complete legal regulation system, can we effectively protect the rapid development of the industries of marine transportation and international trade. |
