A Study On The Disputes Over The Contract Of Sea Cargo Transportation Between Yixing Shipping Company V. China Merchants Logistics Company And Hefei Salt Company

With the development of international commercial trade,the supply and demand for commodities have become more frequent.The demands of the transportation systems in contemporary society have been constantly updated,and the demand for shipping has also expanded.Therefore,under the economic globalization scope of international economic and trade activities,the maritime legal system that maintains the order of the shipping industry plays an increasingly important role."Maritime Code of The People's Republic of China" has been unsuitable for the development of the shipping industry,lagging behind the international maritime affairs legislation process.In the new era,to promote the implementation of the "Belt and Road" initiative and the national strategy of "the power of transportation",China must continue to promote the development of the legal system of marine affairs and the improvement of the legal system of marine affairs in the light of the development of international marine legislation.This article runs through the case analysis method,comparative analysis method,and literature research method.It starts with a case of the maritime cargo transportation dispute about ZIM Integrated Shipping Services Ltd.V.China Merchants Logistics Ltd.and Hefei Salt Chemical Ltd.This article analyze the legal relationship of the contract of carriage of goods by sea,the identification of the subject of the cargo shipper involved in the case,and the identification of the subject of liability for compensation in the case of unattended delivery at the port of destination involved,which led to the contract of carriage of goods by sea in China's maritime legal system.Excluding the introduction and conclusion,the body is divided into five chapters.The first chapter focuses on sorting out the basic facts of the dispute over the contract of carriage of goods by sea between ZIM Integrated Shipping Services Ltd.and China Merchants Logistics Ltd.and Hefei Salt Chemical Ltd.and summarizing the focus of the dispute.Summarized three controversial points,one is whether the legal relationship among ZIM Integrated Shipping Services Ltd.,China Merchants Logistics Ltd.and Hefei Salt Chemical Ltd.,the second is whether China Merchants Logistics Ltd.or Hefei Salt Chemical Ltd.is the cargo shipper,the third is whether China Merchants Logistics Ltd.or Hefei Salt Chemical Ltd.is responsible for the loss of ZIM Integrated Shipping Services Ltd.innon-taking delivery at the destination port.The second chapter focuses on exploring whether the legal relationship of the contract of carriage of goods by sea is formed between ZIM Integrated Shipping Services Ltd.,China Merchants Logistics Ltd.and Hefei Salt Chemical Ltd.This article will analyze the legal relationship between the three subjects involved in the case,and analyze the disputes in the booking agreement,the bill of lading involved,and the booking power of attorney.It is concluded that there is a legal relationship in the contract of carriage of goods by sea between ZIM Integrated Shipping Services Ltd.and China Merchants Logistics Ltd.Among them,the legal relationship under the bill of lading system needs to be discussed due to the other nature of the contract of carriage of goods by sea.The third chapter focuses on analyzing whether China Merchants Logistics Ltd.or Hefei Salt Chemical Ltd.is the cargo shipper involved in the case.This article is mainly from the perspective of the legal relationship of the contract of carriage of goods by sea and the shipper's perspective in "Maritime Code of The People's Republic of China".It is determined that China Merchants Logistics Ltd.is the cargo shipper involved,and Hefei Salt Chemical Ltd.is not.The fourth chapter focuses on analyzing whether China Merchants Logistics Ltd.or Hefei Salt Chemical Ltd.is liable for compensation to ZIM Integrated Shipping Services Ltd.This article defines the nature of the non-taking delivery at the destination port and characterizes it as the liability for breach of contract.Then,the perspective of the constitutive elements of the liability for breach of contract,which contains the shipper's obligation to taking delivery of goods,the activity of breaching the contract and the exemption,are highlighted,when non-taking delivery at the destination port.It is determined that China Merchants Logistics Ltd.should be liable for compensation to ZIM Integrated Shipping Services Ltd.The fifth chapter focuses on the enlightenment of this case to China.According to the analysis of the specific circumstances of the case in the preceding chapters,this article makes some suggestions about the construction of China's legal system for maritime affairs.This article will put forward opinions from the general provisions of the contract system of carriage of goods by sea,the shipper's liability system,and the protection of the interests of the carrier,in an attempt to supplement and improve the existing contents and deficiencies in the "Maritime Code of The People's Republic of China".