Research On Carrier's Legal Liability In Unmanned Intelligent Ship Transportation

The carriage of goods by sea has always been an important part of international economic development,and its relevant legal system has always been the focus of attention.However,due to the wide range of contents and scope involved in the carriage of goods by sea,and the long history of the industry,the rules formulated in the early years have been considered by many people to be unable to adapt to the development of today 's era,and therefore the four major international conventions applicable to maritime transport have been controversial.In recent years,the power of the unmanned intelligent ship industry has once again brought a shock to the shipping industry,causing changes in the pattern of interests between the cargo side and the ship side,and its related legal issues have been included in the scope of research by more and more experts and scholars.Among them,the carrier's legal liability system is the core of the system of carriage of goods by sea,legal obligations,liability basis,exemptions are the cornerstone of its existence.This paper sorts out and analyzes the legal liability system of carriers in traditional ship transportation.Combined with the characteristics of unmanned intelligent ships and related research at home and abroad,this paper discusses what challenges the emergence of unmanned intelligent ships will bring to the legal liability system in the existing maritime rules,what aspects will change,and how to deal with these changes.Firstly,this paper introduces the current situation of the development of unmanned intelligent ships.According to the documents issued by the International Maritime Organization,unmanned intelligent ships are defined and compared with traditional ships.The particularity of unmanned intelligent ships compared with traditional ships and the advantages that can bring to the carrier in the process of maritime practice are clarified.Firstly,this paper introduces the current situation of the development of unmanned intelligent ships.According to the documents issued by the International Maritime Organization,unmanned intelligent ships are defined and compared with traditional ships.The particularity of unmanned intelligent ships compared with traditional ships and the advantages that can bring to the carrier in the process of maritime practice are clarified.At the same time,this paper analyzes the differences in the personnel allocation of unmanned intelligent ships compared with traditional ships,the inheritance of responsibility after the abolition of the position of captain and crew in traditional ships,and the legal status of shore-based controllers.Secondly,this paper expounds the challenges brought by the unmanned intelligent ship in the legal liability period,the carrier's legal obligations,the carrier's liability basis,the exemption of navigation fault and the exemption of fire fault.In terms of legal obligations,unmanned intelligent ships have changed the obligations of airworthiness,cargo handling and issuing documents.As the basis of the legal liability system,the responsibility basis is crucial for the responsibility of the carrier of the unmanned intelligent ship.Therefore,the application of the responsibility basis in the unmanned intelligent ship is analyzed.What kind of responsibility basis is more in line with the maritime practice of the unmanned intelligent ship and is more in line with the appeal of the international community to balance the interests of both sides of the cargo ship.Whether maritime negligence exemption and fire negligence exemption should be retained or not,combined with the characteristics of unmanned intelligent ships,the application of the two exemptions is analyzed.Finally,in view of the above unmanned intelligent ship will bring challenges to the existing maritime rules,analyzes the positive and negative effects of unmanned intelligent ship on the interests of both sides of the existing ship,combined with the point of view of this paper,gives the countermeasures to deal with the above challenges.