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Research On The Legal Liability Of The Carrier In The Contract Of Railway Carriage Of Goods

Posted on:2020-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:W L ZhangFull Text:PDF
GTID:2416330578954752Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Carrier liability system is an important part of railway freight transport contract,which can be said to be the core of the transport system.Starting from the carrier's liability system in China's railway transport contract,this paper analyses and studies the deficiencies and contradictions in the design of the carrer's liability system in China at present,based on the characteristics embodied in the carrier's liability in the railway freight transport contract and the main obligations it has.Through combing the provisions of the current laws,regulations and relevant judicial interpretations,thisspaper focuses on iron.The identification of road carrier's liability,the main problems existing in carrier's liability system and the solutions are expected to benefit the improvement of the carrier's liability system of railway freight transport contract in China.In addition to the introduction and conclusion,this paper is mainly discussed in four parts.The first part is the basic overview of this article.Starting from the concept of railway freight transport contract,this paper studies the characteristics of railway freight transport contract,in order to study the legal relationship between the carrier of railway freight transport,the consignee and the shipper,and deeply analyses the basic characteristics of the carrier's liability and the main obligations that the carrier of railway freight transport needs to undertake.The second part is to sort out and identify the carrier's liability in the railway freight transportation,study and analyze the principle of liability imputation and the period of responsibility of the carrier in the railway freight transportation,study the scope of liability compensation of the carrier and the specific calculation method of the loss in the compensation for damages from the current laws and regulations,and specify the reasons for the existence of the carrier's liability limit and the system.It also analyses the exemption reasons and timeliness system for the carrier of railway cargo transportation,so as to better identify the carrier's liability system.The third part studies the problems existing in the provisions of the current legislation on the liability of the carrier of railway cargo transport,reviews the problems that are not compatible with practice in the relevant laws and regulations,and specifically analyses the contradictions between the carrier's liability and the liability of insurance cargo transport and the insured cargo transport,as well as the problems existing in the international railway cargo transport faced by the carrier system of our country.The fourth part puts forward suggestions for improving the carrier liability system of railway freight transport,explores the necessity and path of perfecting the carrier system,and puts forward relevant legislative suggestions in order to make the carrier liability system more perfect and better adapt to the development of international railway freight transport,liability system can be regarded as the core of the railway transportation contract system.In this article,based on a brief introduction of the railway transportation contract,the author starts with the carrier's responsibility system in the railway transportation contract in China,and sorts out and analyzes the relevant provisions in China's current laws,regulations and rules,from the perspective of system design.,Examine and compare the legal design of the carrier responsibility system of the State,focus on the liability of the carrier of the contract of carriage of railway transportation and the principle of the excuse,review the liability restriction system of the railway freight contract and the design deficiencies of China's carrier liability system and the judicial system.Misunderstandings in practice,and on this basis put forward opinions on the supplementation and improvement of the system.In order to explore the best way to balance the interests of shippers,consignees and railway carriers,it is beneficial to enrich and improve the liability system of railway transport contract carriers,and have certain reference for judicial practice.
Keywords/Search Tags:Railway Reform, Railway Transport Contracts, Carriers of Railway Freight Transport, Responsibilities
PDF Full Text Request
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