The Reflection And Reconstruction Of The Carrier’s Liability Basis In Our Country’s Maritime Law

It has lasted thirty years since the implementation of the Maritime Law,which has been controversial since its promulgation.The academic circles have different emphases on the revision of the Maritime Law.Some start from the whole and elaborate the suggestions for the revision of different chapters.Some focus on the ownership of the carrier’s responsibility,liability exemption and other content to modify."Maritime Law" to ship relations and transport relations as the object of adjustment,so the balance of the interests of the ship and the cargo of the "Maritime Law" is closely concerned.Therefore,this paper takes the responsibility basis of determining the balance of interests of both parties as the entry point to reflect on and reconstruct the Maritime Law.The basis of liability here includes liability,exemption,proof,period of liability and limitation of compensation.Among them,imputation and disclaimer are integral and inseparable,which involves the ship’s maritime fault and fire fault disclaimer.The period of responsibility shall also be discussed.The first part of this paper is the introduction.From the perspective of background,significance and literature review at home and abroad,it is explained that amending "Maritime Law" is a national strategic choice and the result of the development trend.The second part of this paper investigates the legislation of carrier responsibility foundation.First of all,the concept and importance of responsibility basis are summarized before the legislative investigation.Secondly,the legislative investigation is divided into that of international conventions and that of domestic laws of relevant countries.It is to sort out the changes of the basis of responsibility in different times of international conventions and domestic laws;Finally,the enlightenment brought to us by such changes is extracted and connected with the reconstruction of the responsibility basis in the following paper.The third part elaborates the content of the carrier responsibility foundation in the Maritime Law of our country.Including the analysis of the background and specific content of the Maritime Law,to understand the origin of our Maritime Law and the meaning of the wording of the provisions.The changing times background and the development of practice,especially the flexible application of Maritime Law in the practice of Chinese maritime adjudicatory activities,make the amendment of law more meaningful.The fourth part of this article is the reflection on the carrier responsibility in the Maritime Law.Reflect on the problems existing in the provisions of the basis of liability,such as: "Maritime Law" with incomplete fault liability as the principle of liability does not accord with the basic principle of contract;The burden of proof of fire exemption is borne by the claimant,which obviously favors the carrier and violates the principle of fairness.The liability period in the container and non-container provisions in the inconsistent practice of the application of the problem;The limit of compensation is unreasonable.In the fifth part,we reconstruct the carrier responsibility foundation of the Maritime Law.Firstly,it explains the reasons for reconstructing,which manifests in the change of legislative basis,the promotion of legislative trend,the decisive function of our international status,the support of strict liability theory of contract,and the value orientation of the principle of equity.In view of the problems raised in the reflection,the author puts forward some suggestions for the revision of the law and lists the contents of the revised law.The last part of this paper completes the final work of the thesis.The revision and improvement of "Maritime Law" cannot be accomplished overnight.While learning from the viewpoints of other scholars,the author also expresses his own thoughts on the imperfections of "Maritime Law".It is hoped that the author’s suggestions can respond to the call for the revision of "Maritime Law" and make suggestions for promoting the perfection of "Maritime Law".