Research On The Carrier's Liability System Of International Carriage Of Goods By Rail

Compared with other modes of transport,rail transport has many advantages in the international carriage of goods,such as large volume,stability and safety.In recent years,the proposal and the in-depth implementation of“the Belt and Road” initiative as well as the improvement of railway have brought new opportunities for rail transport.Adopted in 2014 at the Lithuanian Council of Ministers and introduced in July 2015 by the new edition of the SMGS,the concept of “carrier” is brought into view by the carrier system.In international railway transportation,the carrier,as the main participant,is closely related to the fulfillment of the international railway freight contract,and when the consignor and consignee's rights are unbalanced due to the carrier's performance of the contract,the carrier needs to bear the responsibility.This paper divides the carrier's liability system into two aspects: entityand procedure,on the basis of the comparative analysis and evaluation of the stipulations of the carrier by the SMGS,CIM and the relevant transport conventions,this paper discusses a series of issues such as what kind of responsibility the carrier needs to bear,the extent of responsibility and the circumstances under which it can be exempted.This paper holds that the development and convergence of the responsibility system can bring about the new development of the whole railway transportation rules,provide guidance for the unification of the international railway freight transport rules,and combine with the relevant laws and regulations of China's domestic railways,according to the existing problems in China's domestic law,and draw lessons from the reasonable carrier reasonable suggestions on how to perfect the liability system of international railway transportation carrier in China.In addition to the introduction,conclusion and acknowledgements,the paper can be divided into four parts with a total of 34,000 words.Part one “an overview of the system of the carrier's liability of the international railway”mainly involves the basic theoretical knowledge of the international railway carrier's liability system,introduces the two conventions of regulating carrier's liability in international railway freight transportation at present,analyzed the definition and nature of carrier's liability.Part two “analysis on the substantive system of the carrier's liability of the international railway freight transport ” mainly analyzes it from the following aspects: the period ofresponsibility,the scope,the principle of liability,the reasons of exemption and the amount of compensation.At the same time,the writer separately analyzes the right of control and briefly discusses something about delay deliverance.Part three “ analysis on the procedural system analysis of the carrier liability of international railway freight transport”mainly involves the procedural problems of dispute settlement,including litigation and arbitration,which is caused by carrier's liability,especially the procedural provisions of the two existing conventions are compared and analyzed,and the suggestions for further improvement are put forward.Part four“the development of the carrier's liability system of the international railway and the perfection of relevant system in China”On the basis of comprehensive analysis and commentary,the paper puts forward the dilemma and possible development trend of the current system,analyzes the existing problems in our country,puts forward some suggestions for revising and perfecting,and strengthens international cooperation while revising the domestic law.