Study On The Exemption System Of International Shipping Carrier

The industry of international maritime goods transport has a long-standinghistory. During the long-term development process, it has formed a series ofinternational conventions and domestic laws on international shipping carrier’sobligations and liabilities, also provided for the exemption systems of the carrier. Allkinds of exemption clause is an exception to the carrier as the contract for bearing theliability, and also is a tool of distributing risks between the two parties of the contract.This paper compares the exemption conditions between the International Conventionsand China’s "maritime law", to analyses and research on these conditions explained,applicable, restriction and value of law, and to solve the problems discussed andsummarized.In addition to the introduction and conclusion, this paper is composed of threechapters.Chapter one introduces the meaning of international shipping carrier exemptionsystem, the concept and identity of carrier as the disclaimer subject, the concept anddetermination principle of the "actual carrier" in practice, and the period ofresponsibility of the carrier and how to recognize the period.Chapter two lists the types of international shipping carrier’s exemptions, theprovisions of international conventions, analyses some practice of the cases, discussesthe legislative idea and the dispute embodied by the evolution of the exemptions of the International Convention, explores the inspiration of these disclaimers on carrier,how to make use of these exceptions to protect the carrier’s own interests.Chapter three analyses the legal value of the exemption system of theinternational shipping carrier, the efficiency value of law is more accepted in mostcountries between the value of fairness and efficiency embodied by the exemptionclauses of international convention. On the basis of the research on the provisions,theory and development trend of the international shipping carrier exemption clauses,from the value of efficiency’s perspective, this chapter analyses the dispute of theabolition of nautical fault exemption system, put forward that our country should betemporarily retained the nautical fault exemption system and make full use of theexemption clause to develop international shipping industry.The international shipping industry flourishing or not is one of the importantindexes to measure the world economy and trade. The revitalization of industry ofcarriage of goods by sea is not only an important mean for China’s enterprises toimplement the strategy of "going out", but also an important way to promote ourChinese nation to achieve " Chinese dream" as soon as possible. For the realization ofthe dream of the maritime nation as early as the maritime power, the carrier shallearnestly study the historical origin, applicable conditions and direction ofdevelopment of the exemption clauses, make full use of legal weapons to protect theirlegitimate rights and interests, reduce the accident rate and enterprise managementand operation cost effectively, so as to enhance our shipping enterprises’comprehensive competitiveness and international status.