Study On The Liability Of International Multimodal Transport Operator Under The Context Of The Revision Of China Maritime Code

In order to promote the implementation of the "Belt and Road" major initiative,the National Development and Reform Commission,the Ministry of Foreign Affairs and the Ministry of Commerce jointly issued the "Vision and Action for Promoting the Construction of the Silk Road Economic Belt and the 21 st Century Maritime Silk Road" in 2015,actively promoting the initiative to carry out diversified and friendly cooperation with countries along the route,and put forward efforts to build a safe and efficient land,sea and air corridor network and promote the organic connection of international multimodal transport.It also puts forward the requirement of building a safe and efficient land,sea and air corridor network and promoting the organic connection of international multimodal transport,which has become the key word under the "Belt and Road" initiative.To promote the development of international multimodal transport,it is inseparable from the improvement of international multimodal transport related laws,and the core issue of international multimodal transport laws is the responsibility of international multimodal transport operators.Based on the perspective of the revision of the Maritime Law,this paper researches the liability of international multimodal transport operators,mainly in accordance with which law the international multimodal transport operators should determine their liability,and specifically examines the meaning of "zone law" applicable to international multimodal transport operators and the liability of international multimodal transport operators when the maritime zone is a voyage charter.The issue of liability of international multimodal transport operators.The article is divided into four chapters:Chapter 1 provides an overview of the liability of international multimodal transport operators,through an overview of the current status of international multimodal transport legislation and the net liability system,and the attempt to improve multimodal transport legislation in the revision of the Maritime Law,leading to the two issues to be studied in the article,namely,the application of "zone law" by international multimodal transport operators and the meaning of "zone law" by maritime zones.The meaning of "zone law" and the liability of international multimodal transport operators when the maritime zone is a voyage charter.Chapter 2 analyzes the issue of the meaning of "zone law" applicable to international multimodal transport operators,firstly,through the method of case analysis,it is found that there are different understandings of the application of "zone law" in China’s judicial practice,thus causing the confusion of different judgments.The Supreme People’s Court has issued a decision on this issue.The Supreme People’s Court issued the Minutes of the National Symposium on Foreign Commercial Maritime Judgment,in which Article 68 clarifies the issue,but the reasonableness of Article 68 is questionable.Then,we analyze the conflict of norms aspect of private international law and the disadvantages of applying foreign laws,and conclude that Article 68 is not reasonable.Finally,by comparing and analyzing the solution paths of foreign legislation,it is proposed that when improving the legal liability of international multimodal transport operators,the Maritime Law should clarify the value orientation of international multimodal transport operators and limit the application of "zone law" to the Chinese legal system.Chapter 3 analyzes the liability of international multimodal transport operators when the maritime sector is a voyage charter,firstly,it introduces the problem by setting up a case model,when the loss or damage of goods occurs in the maritime sector,i.e.,the voyage charter,the international multimodal transport operator should determine the liability according to which law.Secondly,we classify whether the loss or damage of cargo is agreed in the voyage charter contract,and study how to determine the liability of the international multimodal transport operator when the maritime section of the international multimodal transport contract is a voyage charter under different circumstances.When there is no agreement in the voyage charter contract,by analyzing the nature of voyage charter and the interpretation of the freedom of voyage charter contract,and distinguishing the voyage charter contract alone from the voyage charter contract as the maritime leg of the international multimodal transport,we conclude that the liability should be in accordance with the provisions of Chapter 4,Sections 1 to 6 of the Maritime Law;when the voyage When the contract of voyage chartering is agreed,through the analysis of contract relativity and whether the contract relativity can be broken,it is concluded that the relativity of the contract of voyage chartering cannot be broken to the cargo party,so it should be regarded as not agreed,and thus the provisions of Chapter 4,Sections 1 to 6of the Maritime Law should be applied.Chapter 4 synthesizes all the analysis and conclusions of the article,and makes suggestions for the improvement of the legal liability of international multimodal transport in the Maritime Law.In terms of legislative style,it is suggested that the section on multimodal transport contracts should be retained under Chapter IV of the Maritime Law,and the name of the section should be changed to "Multimodal Transport Contract" to reflect its generality.In terms of specific provisions,it is proposed to amend Article 105 to read "If the loss of or damage to the goods occurs in one of the transportation sections of multimodal transport,the liability and limit of liability of the multimodal transport operator shall be governed by the relevant legal provisions of the People’s Republic of China regulating the mode of transport in that section".