Research On The Right Of Control Of The Goods In Marine Transit

In December 2008,United Nations Convention on Contracts for the International Carriage of Goods wholly or partly by Sea(the Rotterdam rules),adopted by the general assembly of the United Nations,has established a system of control over goods in a systematic way for the first time,with detailed provisions on the subject of rights,content of rights and transfer rules.This is an area never covered by the three traditional conventions in the field of carriage of goods by sea,the Hague Rules,the Visby Rules and the Hamburg Rules.The right of control is the product of the trend of nontransferable transport documents or electronic documents,such as ocean waybill and straight bill of lading,which are widely used in modern shipping practice.The right of control under non-negotiable documents is relatively simple,and it only needs to balance the interests of both parties and prevent the shipper from abusing his rights.However,when dealing with the issue of the transport contract of negotiable bill of lading,a series of more complex and thorny rights conflicts need to be resolved urgently.Therefore,it is of great significance to clarify such problems and seek the most suitable solution for China's condition from the perspective of amending China Maritime Law to add the right of control.This paper will study the right of control in maritime cargo transportation from the following parts:Part One: the overview of the right of control of goods.First to define the concept of the right of control,through a folk rules,the Uniform Rules for Maritime Bills of Lading of the International Maritime Commission(the CMI sea waybill rules)and an International Convention,the Rotterdam rules,carries on the induction and definition.From its rights and obligations of the basic content of the subject,the function and the nature of the right will be discussed.The second part: Introduction to the relevant provisions in China Maritime Law,China Contract Law,and relevant judicial explanations for the right of control.Through the interpretation of typical cases,this paper will find out the disadvantage of current legislation,and problems existing in the application of laws in judicial practice,in order to demonstrate the necessity and feasibility of the establishment of the right of control in China Maritime Law,aim to answer the question why do we want to set up the right of control in China.In the third part,based on the deficiencies of the current legislation mentioned in Chapter II,the current domestic and foreign situations and policies,this paper analyzes the value orientation and interest pursuit of all parties involved in the transport contract.Interpreting the new content of right of control in China Maritime Law(revised draft)in the interpretation about the control of the new content at the same time,put forward from the legislation on the second part puts forward solutions to problems and deficiencies,advice,from the main body of right recognition,the conditions and transfer rules and other issues,put forward the author's suggestion,to solve the problem how should we set up a control ",the further perfect suggestions on the paper.based on the current domestic and foreign situations and policies,this paper analyzes the value orientation and interest pursuit of all parties in transportation contracts,interpreting the new content of right of control in China Maritime Law(revised draft),and puts forward the author's suggestions from the perspective of identification of subjects,preconditions and transfer rules in the second part,in order to answer the question how to establish control right in China,and provide suggestions for the further improvement of the draft.It can be said that the amendment of China Maritime Law is an excellent opportunity to stipulate the control right of maritime cargo transportation systematically and integrally.The Rotterdam Rules not only guarantee the safety of the shipper's transaction,but also balance the ship's liability in designing the right system.The author thinks,we should learn superiority and advancement from the Rotterdam rules,combining with China's existing legislation,and give full consideration to the shipping practice and maritime judicial practice,under the guidance of related principles,to establish the right of control,to promote the unity of the maritime affairs judicial practice,and the development of China's shipping,trade and even the global economy.It is of both theoretical and practical significance.