The Rotterdam Rules’ Reference To Our Port Operator System

In order to correct the present confusion of applying the right of defense and limitation of liability of the port operator, we eager to solve the existing problem of the limitation of liability of the port operator, in order to quest for the theory behind, we discuss the legal status of the port operator, which is a problem extensively existing around the world. The Rotterdam Rules prescribes "Maritime performing party" about carrier’s performance assistants, this text illustrate the rationality of the Maritime performing party by analyzing the port operator under the influence of the Rotterdam rules, and give advice to refine and revise our maritime law.The first chapter of the paper analyzes the port operator’s present situation in our country, including the controversy to the legal status and status of legislation, pointing out the defect of the three doctrines of legal status and the chaos of limitation of liability application in legal practice.Chapter two analyzes the impact of the Maritime performing party on the port operator’s legal status, obligations and liability, expounding the rationality of Maritime performing party, and come to a conclusion that it helps to abandon some inappropriate theories, and it assists in the determination of the port operator’s legal status and limitation of liability.The last chapter puts forward the corresponding perfection suggestion:first, introduce the"Maritime performing party", it should be modified to stay in line with our actual situation while we link up with the International Maritime rules; second, make supplementary provisions for the particular portion of the port operator.