The Analysis On The Impact Of Abolishment Of The Application Of Law In Carriage Of Goods By Domestic Waterway

The Rules on Carriage of Goods by Domestic Waterway(hereinafter referred to as Cargo Regulation)is the main basis for the attribution of rights and obligations of the parties to the domestic water transport,and the right of the parties to the domestic waterway cargo contract and the domestic waterway transport contract With the obligation made a detailed provision.But on May 30,2016,the Cargo Regulation was expressly abolished.This article from the Cargo Regulation of the historical role and the application before the abolition of the way to demonstrate the Cargo Regulation will be abandoned after the domestic waterway transport industry brought about by the inconvenience.And then put forward some suggestions in a hypothetical way,trying to fill the legal gap in the transition period,as far as possible to reduce the contract dispute.The first part analyzes the process of Cargo Regulation from formulation to abolition.Planned economy period,in order to promote the development of water transport industry developed a Cargo Regulation.Subsequently,in order to meet the legal needs of the corresponding era background,the "cargo regulation" was revised four times.Despite the outstanding historical contribution to the water transport industry in China for more than 40 years since the implementation of the Regulation,it was not until the promulgation of the enactment of the Legislature Law that the legal status of the "cargo regulation" But also on the Cargo Regulation of the legitimacy of the questioned,and ultimately led to the Cargo Regulation of the abolition.The second part mainly through the analysis of Cargo Regulation after the abolition of the impact of the Cargo Regulations after the abolition of the law applicable.The Contract Law,the General Principles of Civil Law and the Detailed Rules for the Implementation of Contracts for the Carriage of Goods by Road may replace the relevant provisions of the Merchandise Regulations.In fact,the Cargo Regulations has not been abolished before the Contract Law is also the first overall law to solve the domestic waterway transport contract disputes.However,the provisions of the Contract Law on the part of the water transport are far less detailed and precise as the Cargo Regulations,resulting in the inability to confirm the rights and obligations of the parties concerned beyond the scope of the Contract Law.The third part of the Cargo Regulations was abolished after the actual carrier problem,the consignee legal status and the issue of aging,conducted an in-depth analysis.There is no concept of the actual carrier in the Contract Law,which makes the Cargo Regulations abolished and will inevitably lead to changes in the rights and obligations of the parties concerned in legal practice.Contract Law does not have the provisions of the legal status of the consignee,which will lead to the consignee in the rights and obligations on the provisions of unknown,is not conducive to the protection of the legitimate rights and interests of the parties.As the provisions of the General Principles of Civil Law in relation to the limitation of action are different from the corresponding provisions in the Cargo Regulations,if the limitation of action in the General Principles of Civil Law is longer,it is not conducive to the collection and preservation of evidence.Through the comparative analysis,it is found that the relevant provisions in the Cargo Regulations are more in line with the orderly development of the road freight transport market under the characteristics of the industry.The fourth part mainly according to the current domestic waterway transport industry,the specificity of the industry to give relevant recommendations,the introduction of judicial interpretation,the speed may be the fastest.In accordance with the provisions of the Supreme People's Court on the work of judicial interpretation,the Supreme People's Court combined with maritime and water transport judicial practice,as soon as possible on the issue of domestic water transport related issues of judicial interpretation,so that the basis of judicial trials can follow.At the same time,it is proposed to introduce regulations on the carriage of domestic waterway goods at the level of the State Council and to revise the Maritime Law at the appropriate time in the event that the conditions and conditions are ripe.To promote and form Chinese sound and mature domestic water transport law system to play a positive impact.