Exploration Of The International Shipping Carrier Fault Exemption System

The carrier liability system is one of the core issues of International maritime transport of goods law. Therefore, whether to abolish the International shipping carrier fault exemption system becomes an unavoidable focus of the legislation in International maritime transport of goods. The development of maritime industry plays an important role in raising the level of China's economy. Improving the legal system of maritime industry is a necessary support to the development of this industry. Choosing which responsibility principle is important to the legal system of maritime industry,and also important to maritime order and both carriers' rights and obligations. Although China's current "maritime" reference the international conventions, China hasn't accession to the Convention, and New legislation hasn't update timely.This article, on the basis of system introduction of the history of the International shipping carrier fault exemption system, describes both the reasons to reserve and abolish the fault exemption system. As technology advanced, communication technology been used in International maritime, the level of navigation significantly increased and also with the further development of shipbuilding industry, abolishing the International shipping carrier fault exemption system has been the trend of historical development. And at the same time analysis the impact on carrier and related maritime legal system once abolish the fault exemption system. And based on the objective conditions of China, propose that China need reserve the fault exemption system currently since it's premature to abolish the International shipping carrier fault exemption system. But also should prepare for abolishing the fault exemption system in order to follow the historical trend. Refine and modify "maritime" with legal rationality and scientific proof, make "maritime" more stringent. Only fully understand each country's position, can China put forward proposal which is acceptable to all parties in the process of conclusion of the convention, and also can China maximize the protection of its own interests.