The Controversy On Whether Abolish General Average Or Not

The general average system, we can say，is one of the earliest systems inmaritime law, what’s more it is exclusive to maritime law. General average which iscoincidence with the consideration of taking care of the ship party, appealing to moreand more people to work on sea adventures.From its force in absolutely custom to rules form, it’s always playing on a greatrole in the area of maritime business. We are now facing a stronger voice aboutabolishing this system because of many defects,such as the much too complicatedadjustment work, the taking of huge money and long time and the enhancement of ourcapacity to cope with natural disasters, accidents and advanced insurance mechanismetc, though there is a fair, reasonable foundation introduce general average.However,we must hold a affirmative attitude of its exist and continuousimprovement, because general average system still does a great good to the maritimelaw and its mission unfinished, on the other hand, the system basic isn’t shakenradically, to make it fit with the needs of our times.This paper is composed by six parts, whose number of words amount to morethan20thousand.From the introduction we can know the significance of the topic on Generalaverage and the practical significance, the research status, the research method. Andon the whole，we read the paper’s structure, including the system research status inour country, the dispute about the regime’s existence or abolishment, my personallyopinion and theoretical foundation, the malpractice and improvement on our Generalaverage, at last shows the epilogue.In part one, I concentrate on the content about the accordance General averagewith the Primary Principle of Maritime Law.In part tow, I emphasize on the controversy about reserving and abolishing. Atthe same time, respectively take on the positive and negative support.The section three is my understanding，that is to say, I think the General averagewill exist for a long while from now on.The part four talk about the disadvantage as well as the modification.The last part six is the epilogue, sublime the theme， tell us again the General average is going to take a positive part in the international seafaring.