| The legal system of carriage of goods by waterway in China and the international carriage of goods by sea in China have ’been different for a long time.The contract of carriage of goods by waterway mainly dominated by the contract law of the People’s Republic of China and the rules of domestic waterway cargo transportation.The international contract of carriage of goods by sea is mainly dominated by the maritime law of the People’s Republic of China.On May 30,2016,promulgated by the Ministry of Transport,the decision of Ministry of Transport to repeal 20 pieces of the transportation rules and regulations expressly abolished the rules of domestic waterway cargo transportation.Liability of the carrier in the contract of carriage of goods by waterway in China is now mainly dominated by Contract Law.Therefore,many scholars calls for the combination of legal system for carriage of goods by waterway and international carriage of goods by sea.This paper will analyze the scope of responsibility of carriers,imputation principle for carriers,the relationship between carriers and the parties who actually do the transportation.This paper will also analyze the main influence of the combination of the two legal systems.This article is divided into four chapters.The first chapter mainly introduces the problem of the application of law about responsibility of the contract of carriage of goods by sea the carrier and problem of the legal application of responsibility of party and the responsibility between the actual transportation party and the carrier brought by the abolishment of rules of domestic waterway cargo transportation.The second chapter mainly introduces and analyzes liability under the contract of carriage of goods by waterway under contract law,including the scope of compensation for damage,deck cargo,dangerous goods and deviation.By comparing the maritime law relevant provisions,this paper will analyze the problem of limitation of liability of the carrier.The third chapter mainly introduces and analyzes the liability principle under contract law and compare it with the liability principle under maritime law.The fourth chapter mainly analyzes the party who actually do the transport and analyze its relationship with the carrier.This paper will also work on the system of performing carriers under the maritime law. |
