Research On The Construction Of The Legal System Of Actual Carrier In Domestic Carriage Of Goods By Waterway

According to the different location between loading port and destination port at the time of the carriage,the Carriage of Goods can be sorted by International Carriage of Goods by Sea and Domestic Carriage of Goods by Waterway.International Carriage of Goods by Sea is transport which the cargoes are transported between the port of the different countries,while Domestic Carriage of Goods by Waterway is the one which the cargoes are transported between the coastal ports and inland ports of the People’s Republic of China.Therefore,Domestic Carriage of Goods by Waterway is adjusted by the "Civil Law","Contract Law" and other departmental regulations.Among them,the legal system of actual carrier only stipulated in over-passed "Domestic Waterway Cargo Transportation Rules"(hereinafter referred to as "Goods Rules").However,"Goods Rules" has been abolished on May 30,2016,which causes the vacancy of the legal system of actual carrier.In this case,writer will analyze feasibility of solving the problem of the legal system of actual carrier in Domestic Carriage of Goods by Waterway by the existing law,discuss the necessity of building the legal system of actual carrier,and finally come up with the assumption building the legal system of actual carrier in the aspect of the concept of the actual carrier,rights and obligations of the actual carrier and the liability of actual carrier,which should be in the "civil code" of contract chapter and take the original "Goods Rules" and "Maritime Law" as the blueprint.These practices suggestions can help solving the problem of the legal system of actual carrier in Domestic Carriage of Goods by Waterway and promote the development of the domestic shipping transportation.