On The Basis Of Domestic Waterway Carrier’s Liability

Domestic waterway cargo transport has the advantages of large volume,low freight costs and less land occupation in China.Its volume increases year by year and has become an important driving force for China’s domestic large-scale circulation,it is very important to form a new development pattern of double circulation both at home and abroad.At present,our country still carries out “Two-track system ”to the legal regulation of international carriage of goods by sea and domestic carriage of goods by sea,which they apply different legal systems respectively,and among them,the difference of the carrier’s liability system based on the carrier’s liability is the most prominent embodiment of the “Two-track system”.Based on the current development of China ’ s shipping industry,this paper takes the opportunity of the revision of the Maritime Law of the People ’ s Republic of China(hereinafter referred to as the Maritime Law),this paper studies the basis of the carrier’s liability in China’s domestic carriage of goods by water from the aspects of the principle of imputation,the cause of exemption and the burden of proof,by expounding the problems of the application of law arising from the current basis of the carrier’s liability and the urgent needs of the freight market,the necessity of revising the basis of the carrier ’ s liability in the domestic carriage of goods by water is further discussed,finally,on the basis of this,the author puts forward some suggestions to improve the liability basis of domestic waterway freight carriers,in order to realize the best balance of the interests of both the ship and the cargo in the domestic waterway cargo transportation on the basis of the carrier ’ s liability,and to promote the healthy and standard development of China ’ s waterway cargo transportation.This article is divided into four chapters:The first chapter defines the carrier ’ s liability in a broad sense.The carrier ’ s liability should include the principle of liability fixation,exemption and the burden of proof.At the same time,it introduces the current situation of the application of law on the basis of Carrier’s liability in China’s domestic carriage of goods by water,this paper expounds the principles of liability fixation,reasons for exemption of liability and the current legal provisions on the burden of proof of the carrier in domestic waterway transportation.The second chapter analyzes the necessity of modifying the carrier’s liability basis in domestic waterway transportation.First of all,it analyzes the problems existing in the application of the carrier ’ s liability basis at present.Although there are laws to be followed in the field of domestic waterway freight transportation,there is no specific legal regulation,the principle of liability fixation of domestic waterway freight carriers is too strict,the exemption subject is simple and the burden of proof is unbalanced.Secondly,we know the urgent need for a complete and detailed legal system in this field from the actual development of the domestic waterway freight market.Meanwhile,in the second section,we refer to the model of extraterritorial legislation and base on the current situation of legislation in China,it is suggested that the domestic carriage of goods by sea be brought into the adjustment of maritime law.The third chapter is to construct the system of the carrier’s liability in domestic waterway transportation.China ’ s domestic waterway cargo transport into the“Maritime Law”after the adjustment,together with the construction of the waterway cargo transport Peremptory norm system,so as to regulate the waterway freight market transactions in a fair order.At the same time,from the angle of law theory and objective practice,the paper demonstrates that the fault liability is applicable to the domestic waterway cargo carrier;Based on the analysis of the development of the carriage of goods by sea and the carriage of goods by sea in China,the paper discusses the reasons why the domestic waterway carriers should not adopt two special exemption items.The fourth chapter puts forward the following suggestions: First of all,the principle of fault liability should be applied to change or weaken the current“Two-track system ”pattern.The second is to refine the existing exemptions and add new exemption for environmental protection;The third is the “Ping-pong-style”order in the proceedings of the link to provide evidence to give the carrier a certain right of defense.