A Study On The Application Of Law After The Abolition Of The Regulations On Domestic Carriage Of Goods By Water

With the establishment and continuous improvement of the maritime market in China,carriage of goods by domestic waterway in market is growing,but the legal construction of waterway transportation has been in a relatively backward state,unable to timely adjust water transportation in various civil legal activities.Under this background,the abolition of the Regulations on Domestic Carriage of Goods by Water in 2006,has resulted in a lack of legal basis for the carriage of goods in domestic waterway and the formation of a "vacuum" in the application of the law.Therefore,the study on legal issues after the abolition of the Rules for Waterway Transport is especially important.The paper uses the method of comparative analysis,and discusses the legal issues after the abolition of the Rules for Waterway Transport.Main idea of this article is to expound the relevant issues of the role of the rules in order to introduce the thesis of research on the law issues after the Rules for Waterway Transport.Combined with our judicial practice,the article attempts to give some suggestions about the application of the abolition of the Rules in the judicial practice.The main body part of this article is made up four parts.The first part is to expound the issues.Through the understanding of the necessity of the Rules during implementation,this article would specify the law issues in the following part.The second part is about the application problems after the abolition of Rules for Waterway Transport.The question is that the repeal of the Rules will arouse a considerable vacant of legal application.The application of the Contract Law on the cargo owner and the shipowner arouse that the lack of responsibility,then,whether the parties can agree to apply the Maritime Law,whether the contract can be agreed to apply the Rules,and it is a topic to consider.The third part puts forwards opinions about the judicial application after the abolition of the Rules.In this paper,specify how to put forward their own opinions on the premise of the existing laws.Divided into the four situations included clear agreement contract,the contract on the application of the Regulations,the contract on the application of the Maritime Law and the parties did not make an agreement.The four part puts forwards opinions about the legal measures and perfection after the abolition of the Rules.First of all,from the aspect of legislation,suggested to speed up the legislative progress;then,advise to make the appropriate judicial interpretation to make up the judicial application.Finally,from the industry self-discipline,to promote the healthy development of waterway cargo transportation market.