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Research On The Development Of Carrier's Liability System In The Carriage Of Goods By Sea

Posted on:2019-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:T Q HeFull Text:PDF
GTID:2416330590489565Subject:Law
Abstract/Summary:PDF Full Text Request
As a necessary connection method for the economic and trade development of all countries in the world,the carriage of goods by sea has always been the focus of the international freight regulations and the maritime laws of various countries.Since the implementation of the “Maritime Law” in China,with the continuous development of the shipping trade,the limitation of the carrier's liability system in the judicial practice has become more and more obvious.It is difficult to solve a large amount of new situations and new problems in the judicial practice,leading to the scale of judicial review.These differences affect the certainty and stability of the law.Although the Supreme People's Court has solved some problems through the promulgation of a series of judicial interpretations,the issuance of guiding cases,and typical cases,the voice of domestic amendments to the “Maritime Code” has become increasingly high.At present,the revision of the "Maritime Law" has been officially put on the agenda,and the Ministry of Transport has set up an research group.This article analyzes the changes in the various elements of the carrier's liability system in international cargo through the various international shipping rules,summarizes the development direction of the carrier's responsibilities,and proposes relevant China in light of the latest convention-related regulations and the content of China's current carrier responsibility system.Some Concluding Opinions on the Modification of the Carrier 's Liability System in Maritime Law.The paper is divided into five chapters.The first chapter begins with the carrier's legal implications of the liability of the carrier and the carrier responsible for the liability.It explains the following chapters by clarifying the legal origin of the carrier's responsibilities and clarifying the two carrier entities.The second chapter discusses the responsibility period and implied obligations of the carrier's basic responsibility.Through the definition of the period of responsibility and the elaboration of the development trend,the reasons for the establishment of the liability period and the regulation of the time limit for the carrier to fulfill its responsibilities are summarized;the introduction of the basic obligations in the carrier's responsibility and the summary of its changes in the shipping rules The carrier's implied obligation continues to be strengthened and updated.The third chapter focuses on the rules and principles of carrier liability.Through the summary of the carrier's imputation principle after experiencing the development of multiple imputation models and the international community's controversy over the system of complete fault liability and imperfect liability,the new direction of development has been refined.The fourth chapter discusses the carrier's liability protection at the same time as the carrier's exemption clause and limitation of liability.The fifth chapter summarizes the provisions of China's Maritime Law on the carrier's liability system and proposes suggestions for revising China's maritime business law carrier liability system by refining the relevant contents of Rotterdam and other international rules.Finally,the conclusion in the article summarizes and analyzes the international convention legislation trend of the contemporary carrier liability system,summarizes the revision of China's “Maritime Law”,and provides support for China's mature shipping industry.
Keywords/Search Tags:carrier responsibility, basic responsibility, imputation principle, Disclaimer, Restrictions on compensation
PDF Full Text Request
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