| The geographical advantages of our country's vast territory and diverse topography have created many rivers and lakes of different sizes,which provide unique development conditions for the transportation of inland-water in China,so that inland waterway transport has a unique advantage of large capacity,small investment,light pollution and low freight costs.With the completion and improvement of the market economy,inland waterway transport is also playing an increasingly important role in the national economy,with the strategy of the Yangtze River Economic Belt and the promotion and implementation of the strategic conception of the Belt and Road,the domestic shipping market has shown great potential for development,and it is necessary to have a more complete legal system to standardize and guarantee.For a long time,China has been influenced by the traditional concept of"heavy ocean,light inland River",has not invested sufficient legislative resources in the field of inland waterway freight transport,and has not formed a complete civil legal system to standardize the relationship between inland waterway cargo transport.From another point of view,China's inland waterway cargo transport and international Carriage of goods by sea to implement two sets of different legal systems,that is,the industry called the"two-track system",bringing about legal conflicts,the weakening of the legal system and other drawbacks.25~thh May,2016,the Ministry of Transport passed the decision of the Ministry of Transport on the Abolition of 20 transport regulations,which has been in force since May 30,2016,according to which the cargo regulations have been expressly abolished by the Ministry of Transport.The abolition of the rules on the carriage of goods by domestic waterways,which lasted for more than 40 years in China,has resulted in the adjustment of the contract for the carriage of goods by domestic waterways by departmental regulations,but this abolition has exacerbated the lack of legal basis for inland waterway transport in China,which is obviously contrary to the basic State policy of comprehensively promoting the rule of law.After the cancellation of the domestic waterway cargo transport rules,there is still a lack of legal basis for the transport of inland waterways:Although China's contract law in the chapter of the contract of carriage is specifically divided into the section of freight contracts,but its principle,generality,land transport bias provisions are not sufficient to guide the coastal,inland river basin complex cargo transport practice,It is difficult to solve practical difficulties,and it can not effectively protect the contractual rights and interests of all parties in the development of inland waterway shipping,which is not conducive to the continuous and orderly development of inland waterway shipping and the opening up of inland waterway shipping.In order to solve the inescapable problems brought about by the lag of legislation,the inevitable successive promulgation of various normative documents,including judicial interpretation,but these supplementary legal bases are inevitably characterized by the diversity of the formulation subject,so there are conflicting and restricting contradictions among various normative documents,Leading to the application of the law is still in disarray.Therefore,it is urgent to solve the legal application related to inland waterway freight transport at this stage.Since entering the 21st century,a large number of scholars have carried out a critical analysis of the causes and problems of the"two-track system",and the drawbacks of the maritime law itself have become more and more obvious,after the abolition of the domestic waterway cargo transport rules,the academic community called for the revision of the maritime law,breaking the"two-track"pattern of the idea of It is more and more urgent to perfect the law of inland cargo transportation in China in order to deal with the new situation of international shipping and the new development of shipping practice in China.Taking this as an opportunity,combined with the provisions and practice of the current relevant laws in China,this paper combs and analyzes the current legal application of inland waterway cargo transport in China,in order to adjust and balance the interests and relief of the relevant parties,draw on the theoretical and practical experience of advanced maritime countries,and further explore the improvement of the law in the field of inland cargo transport.There are a total of 4 chapters in this paper,the first one is China's inland waterway cargo transport law application status and existing problems,that is,China's inland waterway cargo transport legal system and market development needs do not match the status quo,and"domestic waterway cargo transport rules"after the abolition of China's inland waterway cargo transport laws and regulations close to the blank state,through the analysis of the emergence and development of domestic waterway cargo transport rules,expounds the important role they have played,and secondly points out the problems existing in the application of the law of Carriage of goods in China,that is,the speed lag of the civil legislation of inland waterway cargo transportation and the conflict of the application of law.The second chapter is the study of the causes of the application of the law of inland waterway freight transport in China,that is,the"two-track system"pattern in the field of water cargo transportation in China and the ingrained traditional concept of"heavy ocean and light inland River"in China have caused the above problems.By analyzing the development and drawbacks of the"two-track system"The two-track"pattern has not only a realistic basis,but also a need to advance the national strategy.The third chapter is the analysis of the application of inland waterway cargo transport law,that is,in the only contract law,the general provisions of civil law and other laws applicable to the transport of inland goods,because of the contract law and other laws themselves exist principles,ordinary characteristics,and they cannot cover all the issues that may be involved in Inland river cargo transport,including the contract law There is no relevant provision for the actual carrier and the transport document,which leads to problems that are inconsistent with the practice situation,and the fact that the administrative regulations"The factual rules of the contract for the carriage of goods by waterway"are extremely neglected by academic and judicial practice and are not perfect in themselves.The fourth chapter is the improvement suggestion of the application of the law of inland waterway freight transport,mainly puts forward three suggestions to improve the application of the law of inland waterway freight transport in China,that is,to solve many problems,including the application of inland waterway transport law,in the form of separate legislation,to form an independent legal system of inland waterway transportation,Or to include inland waterway cargo transport in the scope of application of the maritime law.This paper prefers the third proposal,and concludes that it is imperative to break the pattern of"two-track system"after the annulment of the rules regarding the carriage of goods by domestic watercourses,and to include inland freight transport as a feasible and most appropriate measure at the time of the revision of the maritime law. |
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