The Basic Research On The Carrier's Responsibility In The Rotterdam Rules

The carrier's responsibility base has always been the core of the international maritime transport legal system,and also the focus of the interests of the parties.After World War II,the rapid development of maritime transport,the legal relationship of international maritime transport of goods began to occur frequently,focusing on the core issue of the basis of liability,the international community have emerged in the "Hague rules",the "Weiss rule",than the "Hamburg Rules",embodies the international community for the unification of maritime trade legislation efforts.However,due to the different preference of the conventions on the balance of interests,attracting different countries to participate in it,causing the three major conventions to keep pace with each other,which has greatly increased the practical operation of maritime transportation,which will eventually lead to international shipping being blocked.Therefore,it is inevitable for us to formulate a unified international carriage of goods by sea to promote the development of modern maritime transportation industry."Rotterdam rules" was born under this background.As the main part of the Rotterdam rules,the carrier's liability basis reflects the interests bias of the Convention,which has aroused widespread concern of maritime law scholars,and has become the object of its research.As the main part of the Rotterdam rules,the carrier's liability basis reflects the interests bias of the Convention,which has aroused widespread concern of maritime law scholars,and has become the object of its research.The current maritime law of China was established in 1993,and some of the provisions have long been separated from the maritime practice,and the revision of the maritime law should also be put on the agenda.Therefore,this paper attempts to conduct a systematic study on the influence of "basic responsibility system in the Rotterdam rules" on the study of China's "maritime law" of the "Rotterdam rules" to amend the law for reference,to maximize the "Rotterdam rules" of China Shipping practice.In addition to the introduction and conclusion,this article starts from the following four parts:Part one: an overview of the theory.First,according to historical order combing the responsibility of the carrier based three kinds of responsibility form,on the basis of the "Rotterdam rules" from the imputation principle,exceptions and burden of proof distribution three aspects with the traditional convention,lay the theoretical foundation for the following research.Part tow: on the basis of the previous theory,the foundation of the carrier's responsibility under the Rotterdam rules is briefly reviewed and analyzed from the macro aspects.Part three: on the basis of macro research,discuss the influence system of "basic responsibility of carrier in the Rotterdam rules",including the effects of the carrier,freight,port and other parties,as well as the impact on China's shipping industry,to put forward the relevant perfecting China's "maritime law" provisions of the proposal to a certain extent,support.Part four: starting from the reality of China's shipping,summarizes the necessity of the revision of China's maritime code,and summarizes the reference and flexibility of China's maritime law to the Rotterdam rules.