On The Improvement Of The Delay In The Delivery Of Legislation By The Carrier Of China Maritime Law

With the development of science and economy,navigational technical is always improving.At the same time,the merchants and the carriers doesn't only focus on the safety of cargo by sea,but also pay more attention to the time of goods' delivery by sea.We can get this from changes in the international convention on maritime transportation:the Hague Rules doesn't refer to carrier for the delay in delivery.Then the Hamburg Rules set on the definition of delay in delivery and stipulate its basis of liability,liability compensation and limits of indemnity in detail.And the latest international convention on maritime transportation—the Rotterdam Rules begin to discuss on specific issues of delay in delivery when it is formulating.In all,delay in delivery becomes more and more important in the international maritime transportation and in the status of international conventions.Chinese Maritime Code in the formulation also emphasizes long-time development.So the Code draw lessons from relevant stipulations of delay in delivery in the Hamburg Rules.As CMC has been implemented for 20 years.But maritime transportation is flourishing,some questions which are inconsistent with the development of modern society begin to emerge.CMC legislation of delay in delivery mainly contains four items:the definition of delay in delivery?basis of liability?relief of delay in delivery and the limitation of liability of a sea carrier.Based on the analysis of a comprehensive study of scholars and practice,This article thinks there exists following problems about the legislation of delay in delivery of the Maritime Code:the definition of delay in delivery only has"clearly agreed time",which is not in accordance with judicial practice and violates the principle of good faith.In the basis of liability,its burden of proof is confused,imputation principle is inconsistent and lack exception from liability.Followed by discussing two kinds of relief of delay in delivery,firstly the sector introduces the system of damage compensation and goods being treated at lost,then it is pointed out that efficacy of the stipulation which describes the scope of compensation is not high and the principle of limiting economic loss lack the proximate principle.Furthermore,there is a dispute over whether goods can be redeemed after goods being treated at lost.What's more,from the social and economic benefit,the stipulation of goods being treated at lost needs to stipulate that the owner of the goods have the obligation of assisting the carrier to provide the relevant information of the goods.The limitation of liability is the last item,in which liability limits set in CMC are too low and inconsistent with today's economic development.This paper analyzes and compares the unified international conventions on carriage by sea and domestic Codes of those countries who are leaders in the shipping service.Additionally,based on Chinese maritime development practice and judicial practice in the case of delay in delivery,it finds solutions to the problems of above four items about legislation of delay in delivery in CMC and makes the legislation of delay in delivery is more coordinated with the practice.The thesis is composed of three parts.The main contents are as follows:identification,characteristics and causes of carrier for delay in delivery.The first sector is mainly about the identification,characteristics and causes of the delay in delivery of the carrier.The second sector is present situation of the legislation of delay in delivery and about the question existed in the legislation of delay in delivery in CMC.It briefly presents the legislation of delay in delivery of CMC,which contains four items:definition,the basis of liability,the relief of delay in delivery and the system of limit of liability.Method of comparative analysis and normative analysis is applied with the analysis to the question The sector points out the following questions:the concept of delay in delivery is not clear,the basis of liability,which contains the principle of imputation,burden of proof and exemption provisions,doesn't conform current trend.In the relief of delay in delivery,the scope of compensation for economic loss and proximate principle is not defined in the CMC,and the system of goods treated at loss lack stipulation of obligation about the cargo owners assisting the carriers to provide the relevant information of the goods.In the system of limit of liability,according to the situation of current economic development,this thesis considers that the liability limits are too low.The third part puts forward perfect suggestions to the problems noted in the second part,Which are based on the current social development and our national conditions.The sector is the author's writing purpose.