Research On Legislation Of Right Of Control To Carriage Of Goods By Sea In China

Since the International Convention on the Carriage of goods of the whole or part of the Sea(hereinafter referred to as the Rotterdam rules)was passed on December 11,2008 by the United Nations General Assembly,a large number of discussions in the field of international trade and transport law occurred,among which was the issue of cargo control.This problem is intricate because of the following facts.Firstly,there is no provision for the control of goods in traditional maritime conventions.Secondly,the contents of the Convention on the Single Cargo transport,such as aviation,railways,highways,and so on are similar as those of control of goods.Thirdly,the relationship between the International trade Convention and some national commercial laws and the right of cargo control are blurred.Fourthly,the advent of e-commerce era in modern international maritime practice and the increasing usage of non-transferable electronic documents.Fifthly,how can the buyer as a shipper safeguard the seller's interest in the payment of goods under FOB terms.Lastly,whether the revision of maritime law should and how to make the system design of the control of goods and so on.As a right of transport law,the question to be tackled in control of cargo in the carriage of maritime goods has different solutions in different domestic legislation,international conventions and folk rules.By analyzing these solutions,examining the rules of the control of goods in the Rotterdam Rules and reflecting on our existing legislation in this field,we discover that there is no system of controlling the right of goods in the maritime law of our country.Although there are similar provisions in the law of the contract of our country,clause No.308,it is not applicable to maritime transport in China,which leads to the problem of law application in the trial of such cases encountered by the judge in the judicial practice in our country.Therefore,it is of great significance for our country's international trade and the smooth realization of China to improve the legislation of the control of cargo in the maritime law,and to discuss the right of control of goods in sea freight transport.This dissertation focuses on Provisions on control of goods.We trace its historical origin and seek the cause of its emergence by using historical method,comparing method,literature analysis method and case analysis method,and also give its definition and discuss its property by combining the Rotterdam rules and the definition of the right of stopping movement.Furthermore,we give some suggestions on the issue of the inclusion of cargo control systemlegislative to the the subject of amending maritime law that is heated discussed in both theory and academia after studying the relevant legislation of the representative country and the present situation of China's legislation by case analysis.