The Dilemmas And Breakthroughs Of The Introduction Of The System Of Maritime Performing Party

In December 2008,the UN General Assembly passed the "Rotterdam Rules",and the maritime performing party system covered under this rule has drawn much attention as a completely new system.The Rotterdam Rules provide a complete system for maritime performing parties,including their rights,obligations and responsibilities.Although the establishment of maritime performing party system is only a very small attempt to unify transport law,it has far-reaching significance for the entire system of maritime freight transportation.However,the overview of the current "Maritime Law" of our country,in which the concept of an actual carrier still exists,the legal status of the port operator is not yet clear,and the relevant liability system is seriously lacking.Combined with the overall trend of China's economic development,the current "Maritime Law" can no longer play its role of benign promotion and promotion in China's massive import and export trade and the development of shipping industry.This article starts with the maritime performing party system under the Rotterdam Rules and is divided into four sections for discussion.The first part focuses on introducing the rapid development of containerized transport to violently impact the system formed by the three major maritime conventions and the multi-model legislation beginning to threaten the international maritime transport system.It introduces the background of the formulation of the Rotterdam Rules,,Obligations and responsibilities as well as the basic theory of the maritime performing party system in the evaluation of the system.The second part discusses the current conflict between China's introduction of maritime transport and the conflict between the carrier's responsibility under the existing Maritime Code of Maritime Labor and the Rotterdam Rules and the conflict between the Rotterdam Rules and the liability of carriers and performance aids Party system dilemma.The third part analyzes the reasons that lead our country to introduce the dilemma of maritime performing party system from two aspects: the current "maritime law" of our country is difficult to adapt to the development of modern shipping and the deviation of the interests of the current "Maritime Code" and "Rotterdam Rules" in our country.In the last part of the fourth part,it puts forward the breakthrough path of introducing the maritime performing party system in our country.