The Maritime Performing Party And The Impact On China's Maritime Law

The maritime performing party that is used to adjust the interests between carriers and shippers is a new legal system. There are some different opinions form china's scholars. But researching the maritime performing party has theoretical and material value,which is worthy of reference for china's Maritime Law with its advanced legal concept and rules. It makes behavior more predicted because of its bigger responsibility subject and impartial right and duty.Now, our county uses the actual carrier system to adjust the relationship on the process of marine transport and apply with china's Maritime Law. But it has some weakness that include undefined concept, narrow period of liability, which makes legal practice difficult. At the same time, china's law lacks the rules of the operator of transport terminals that has misty legal status and unfair right and duty. Therefore, china's Maritime Law must pay more attention to the right legal idea to change the locality of rules, come into the fair system of duty and cater to international trends. Meanwhile, we can make the rules perfect in line with the actual situation. The measures include that we need to make the legal concept clear, extend the period of responsibility with the actual carrier system and make the operator of transport terminals as the adjustment object of china's Maritime Law in order to make its legal status clear.