Research On The Liability Of International Maritime Carrier’s Delay In Delivery

In today’s international transport of goods, the majority is done through the Marine transportation, shipping accounts for more than 80%, shipping legislation is paid great attention by many countries since ancient times. From the perspective of the development of the legislation of the carriage of goods by sea, it has experienced a process from simple to complex, from variety to unity. Throughout the International Convention and the evolution of international maritime legislation is not difficult to find that the carrier’s obligations in the maritime cargo transport has been increasing, the research object of this thesis, the legal liability of the carrier’s delay in delivery has also experienced the process of the evolution of the attention.In fact, where the carrier delays in delivery problems on international maritime legislation has not paid great attention by many countries. Due to the frequent marine risks, huge losses of shipping and risk prevention and control is very difficult, for balance shipping interests of all parties, delay in delivery legal liability problem is sacrifice legislation and become the maritime legislation of the carrier interests tilt. Obviously, in the view of the legislation, responsibility for loss of or damage to the goods of responsibility than delay in delivery is important. It is based on the above facts, carriage of goods by sea delay delivery of legal liability in practice is difficult to get legal rules, the shipper is also difficult to in the judicial practice receive compensation.In the new century, with the development of shipbuilding industry, the development of navigation technology, the development of maritime warning mechanism, the prevention and control of maritime risk has some progress. At the same time, the shipper under the condition of the guarantee that the goods in good condition also pay more and more attention to the quality and efficiency of shipping. Therefore, in order to adapt to the new shipping development and market demand, the research on the legal liability of the carrier’s delay in delivery has been paid more attention to by many countries, which has inspired my enthusiasm for the study of this problem. The purpose of this research is to improve the system of international marine cargo transportation, to solve the judicial disputes caused by the delay in delivery of the carrier, to protect the legitimate rights and interests of the shipper, and to balance the interests of all parties. Through the comparative study of related international conventions and domestic legislation, based on the analysis of demonstration, for China’s "maritime law" provides the new ideas to modify and perfect.This paper is divided into four chapters. Firstly proves the delay delivery of the basic theory of legal liability, of the delay in delivery system source and explains related concepts; secondly, emphasis on the demonstration of the delay delivery legal responsibility cognizance and responsibility limit factors, comprehensive analysis and solve the delay in delivery occurs after the responsibility problem. Finally, shortcomings of Chinese Maritime Law of the delay in delivery legal liability issues are proposed amendments.