| With the rapid development of container transportation in the middle of 20st century,multimodal transport has gradually become a new type of modern transportation service.Its superiority is incomparable by a single mode of transportation.The multimodal transport operator is fully responsible for the whole process of a multimodal transport,so that the multimodal transport could satisfied the requirements of the consignors because of its high efficiency,safety and convenience.As a new type of transport based on the single mode transport,multimodal transport operators are inevitably faced with the difficulty of choosing different laws to determine the liability for loss or damage of goods during their liability period.In order to solve the whole problem and promote the development of multimodal transport,the International organizations and the other countries have made many attempts,but unfortunately,a unified legal system of the liability system of multimodal transport operators,which is generally accepted by all countries has not yet been formed.China has established relevant legislation about the liability system of multimodal transport operators in the Contract Law of the People's Republic of China and the Maritime Law of the People's Republic of China.However,there are still some problems in the judicial practice,such as the content of the article is too principled,the interrelated legal problem of localization of damage,and the consistency of the legislative form but the difference in the substantive content.Under such a circumstance,this article attempts to use the literature research method,empirical analysis method and comparative analysis method to compare the current legislative experience of the international community and the legislative experience in the Chinese multimodal transport legislation.Therefore,putting forward specific suggestions for perfecting the legislation of the liability system of multimodal transport operators in China. |
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