The Study On Legal Liability Of Unmanned Intelligent Ship Carrier Under The International Carriage Of Goods By Sea

The carrier's liability system has always been the core content of the international carriage of goods by sea.The principle of imputation,excluded risks and burden of proof as the basic concepts of the carrier's legal liability are the cornerstones of the carrier's liability system.With the development of world shipping,international trade and science and technology,the balance of rights and interests of the shipping and cargo parties has changed,and the carrier's liability basis in sea cargo transportation has also developed and changed.The emergence of unmanned ships has triggered the thinking of domestic and foreign experts and scholars on whether the legal-convention system of manned ships is still reasonably applicable.This essay analyzes the traditional carrier legal system,combined with domestic and foreign unmanned ship legal liability research.It explores the identification of unmanned ship carriers,the principles of imputation for remotely controlled ships and fully autonomous ships,and is the nautical fault exemption reasonably applicable,how to allocate the burden of proof between the unmanned carrier and the shipper in order to achieve the maximum pursuit of the balance of fairness and value of the parties to the shipping and cargo parties.The first chapter defines the concept of unmanned intelligent ship based on research of the Maritime Safety Committee of the International Maritime Organization and China Classification Society.Based on the actual control subject as the starting point,the concept of unmanned carrier is defined.Discusses the changes in the risk of international carriage of goods by sea caused by unmanned ship and technology changing,the impact on the carrer in shipping practice,and briefly analyzes the impact on the carrier's obligation system.The second chapter comparatively analyzes the provisions of the international conventions on the subject of responsibility about manned vessels,combined with the current domestic and foreign methods of identifying carrers,how to identify unmanned carrier from the perspective of the relationship of the carriage of goods by sea contract and the perspective based on the bill of lading merely.Analyzed how the responsibilities assigned to captain by the parties will be adjusted after the disappearance of the carrier's main employee,the,captain.Whether the person in charge of the shore-based control center of the unmanned intelligent ship fully bear the captain's responsibility on shore,and impact of the responsibility.The third chapter discusses the legal liability basis of the unmanned intelligent ship carrier.According to the international conventions,the carrier's liability basis is compared and the application of the responsibility to unmanned ships is analyzed.Based on the characteristics of two types of unmanned ships,remotely controlled ships and fully autonomous ships,under the reducing human factor interference,or even completely eliminate the human factor,should the carrier be reserved for unmanned carriers nautical fault exemption,specifically discusses which principles of imputation should be applied,whether nautical fault exemption,and whether hackers should be exempted from losses caused by unmanned ship invasion.Combined with the existing burden of proof system,it analyzes the burden of proof of unmanned ship carriers.The fourth charpter,based on China's actual development interests,the changes in the carrier's liability basis will be analyzed for the advantages and disadvantages base on the distribution of interests between ship owners and cargo owners.Review and analyze the legislative model of the carrier's liability basis in Maritime Law of the People's Republic of China.Combined with the article's argumentation point of view,the conclusions on the legal liability for unmanned intelligent ship carriers are concluded.