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Research On The Problem Of China's Maritime Carrier Liability

Posted on:2020-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y H ZhouFull Text:PDF
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The problem of maritime carrier liability is the core issue of the maritime transport legal system.The resolution of this issue is related to the interests of shippers and the healthy development of international trade and domestic maritime transport.From the strict liability system that emerged from the early maritime technology to protect the interests of the goods,to the incomplete liability system that favors the interests of the carrier,and then to the complete liability system that further protects the interests of the cargo,the historical evolution of the system can be found that the carrier's attribution has always been the result of the game between the two parties.The latest "Rotterdam Rules" are in the process of absorbing the "mixed" liability system formed by the characteristics of the aforementioned institutions,with the intention of realizing the unification of international maritime cargo legislation,but few countries have joined.In the context of the coexistence of the current four international conventions,in order to protect the development of China's maritime business and solve the legal problems arising in international trade disputes,research related to international conventions and China's Maritime Law is indispensable.Explain the provisions on carrier identification,liability principle and liability limitation for the four conventions and China's maritime law,in the comparative analysis,it is found that the problem of carrier liability in China mainly focuses on the carrier identification,the application of the principle of imputation and the lack of liability limitation.In addition,whether to join the Rotterdam Rules has always been a topic of controversy in China's academic circles.The Rotterdam Rules are a new convention that our country has actively participated in.Analyze the impact of the new convention on China's maritime law,improve the carrier's liability legislation,and analyze the international environment and domestic objective situation,suggesting that China should not join the new convention.
Keywords/Search Tags:carrier, doctrine of liability fixation, limitation of Liability, the carrier's liability regime, sea transportation
PDF Full Text Request
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