Research On The Carrier’s Obligation Of Seaworthiness Under The Background Of The Amendment Of China Maritime Code

The degree of performance of seaworthy obligations is directly related to the safety of goods at sea and even the lives of crew members at sea,as well as the interests of both parties.In the new international shipping environment,it is necessary to adjust the carrier’s airworthy obligations accordingly in order to achieve the balance of interests of both cargo and cargo,so as to meet the needs of the development of global trade and navigation.Judging from the research and development and test voyage of intelligent ships in various countries,the technology of intelligent ships is developing rapidly,and the research work related to their legal supervision is also advancing.Compared with traditional non-intelligent ships,unmanned ships have two main characteristics: First,they make extensive use of sensors,communications,Internet of Things,Internet and other technical means,relying on automatic control technology and big data processing and analysis technology to achieve the normal navigation of unmanned ships;This will enable traditional non-intelligent ships for the reality of the basis of the development of China Maritime Law,some rules can not be applied to unmanned ships.Unmanned vessels do not carry crew members and operate,monitor and maintain unmanned vessels by remote operators,i.e.the remote operators of unmanned vessels will replace the crew in the role of "piloting" the ship and managing the vessel,but the remote operators of unmanned vessels have no direct legal basis for application under the Maritime Law.Considering the importance of remote operators to navigation safety in the era of unmanned ship shipping,the author thinks it is necessary to study the application of unmanned ship remote operators under China Maritime Law.This article is divided into four chapters.The first chapter combs the connotation of the carrier’s airworthy obligation from the perspective of historical change,and explains it from the main body of seaworthy obligation,the period of seaworthy obligation and the requirement of seaworthy obligation respectively.In introducing the identification of the subjects of seaworthy obligations,the paper focuses on the analysis of the marine performing party system introduced by the Rotterdam Rules.The overview part is the basis of the discussion later.The second chapter adopts the research method of text analysis,takes the revised draft of China Maritime Law as the research object,compares the original provisions of the law,analyzes the changes in the relevant provisions of the seaworthy obligation,affirms the progress place,and,compared with the new international rules,points out the places to be further revised,and provides a substantial argument for the final formation of specific amendments.The third chapter discusses the consideration of the interest factors in the formation process of international conventions and the impact on the interests of shipping and cargo,finds that the rules of seaworthy obligations are constantly refined to adapt to the new changes,summarizes the development trend of international legislation carrier airworthy obligations to safeguard the public interest,and gives principled guidance and inspiration to the revised discussion part of China Maritime Law.In view of the development trend of intelligent ships,we must speed up the establishment of international technical standards,and improve the construction and operation system of intelligent ships to meet the requirements of ship seaworthy.Chapter 4 takes the above thinking on the application of the law of intelligent ships,tries to explore the issue of airworthy obligations of unmanned ships under remote control,and proposes to add the contents of the provisions to meet the legal requirements of the development of unmanned ships.In view of the revision direction pointed out earlier,the modification mode stipulated in the actual carrier system and liability period of China Maritime Law is specified.