Institutional Research Of The Form Of Operator Responsibility In International Multimodal Transport

Although the international community has not yet formed a mandatory international multimodal transport convention for international goods,the long-term and unremitting efforts have brought more consensus on the forms of responsibility of multimodal transport operators around the world,and they are reflected in various international legislation and domestic legislation.The inherent unity of the normative form.This internal unity is embodied in two parts: the specific arrangement of the internal structural elements,and the organic combination of different structural elements.Based on the deep understanding of the forms of liability of international cargo multimodal transport operators,although China's multimodal transport operator liability system is not the same as existing international conventions and some domestic legislation,it has no inherent defects,but only in legislative considerations.More favored to play the role of coordination,the improvement of the multi-modal transport operator responsibility system should be to avoid weaknesses rather than retreat.The following propositions are discussed from four parts:The first part focuses on the legislative framework for resolving the responsibilities of multimodal transport operators.The maximum efficiency of multimodal transport depends on the separation mechanism of the shipper/operator and the internal operating cost control of the operator.Among them,the main body of responsibility and the basis of responsibility are the basic legal framework for establishing a division of labor mechanism.The scope of responsibility and limitation of liability are the necessary preconditions for the carrier to carry out internal operating costs.The reinvention of the multimodal transport operator's responsibility for the international transport responsibility system is difficult to achieve.The logical structure of coordination and unification runs through the international legislative process of multimodal transport operator responsibility.The second part is an in-depth analysis of the structural elements such as the subject of responsibility,the basis of responsibility,the scope of responsibility,and the limitation of liability.The legal relationship of the multimodal transport operator is based on the contract and is the independent responsible entity.The liability basis of the multimodal transport operator is independent of the actual carrier,but it does not originate from the contract,but the tort liability caused by property damage.The responsibility period for the multimodal transport operator's responsibility is from the takeover of the goods to the delivery of thegoods,and the improvement of the delivery rules can optimize the determination of the liability period.The limitation of liability of the multimodal transport operator is not derived from the basis of liability,which shall be effected by the law or by the parties.The third part explores the different arrangements of the four structural elements,namely the unified responsibility system and the composition of the network responsibility system.The unified responsibility system and the network responsibility system attempt to respond to the priority issue in constructing the responsibility of the multimodal transport operator,that is,the unified legislative system should be given priority(unified responsibility system),or the original mandatory force of each single transport segment.Sexual specification priority(mesh responsibility system).The formation of a unified responsibility system requires a unified norm of the subject of responsibility,the basis of responsibility,and the limitation of liability,and is preferred;the system of network responsibility requires prioritization of the current effective legal norms,so it is necessary to distinguish between the damages that can be attributed and the irreducible Responsibility for non-local damage,and the application of the applicable law.The fourth part puts forward suggestions for perfecting the responsibility of multimodal transport operators in China.First,the port operator is an agent of the multimodal transport operator and should be listed separately in the legal provisions.Secondly,the applicable law of improving the liability of multimodal transport operators should be applied to restrict the discretion of courts at all levels to multimodal transport contracts.Once again,adhere to the unified identification standards for the breakthrough of liability limits.If the judicial obligation is to develop the general obligation to break through the liability rules into different obligations for the multimodal transport operator and the actual carrier,the gap of responsibility will enter the liability compensation limit in a secret way.