Research On The Legal Liability Of Independent Contractor Under International Carriage Of Goods By Sea

The technological level in the modern shipping field has improved,and the division of labor has been increasing.It is neither realistic nor economical to require the carrier to complete the sea cargo transportation independently.In order to ensure the efficiency of transportation,more and more independent contractors are involved in the contract of carriage of goods by sea.When the independent contractor fails to properly perform its contractual obligations and causes cargo damage,the resulting liability is more complicated,especially when the cargo party initiates an infringement lawsuit against it.Regarding the limitation and defense of the carrier's liability,the responsibilities of the carrier and cargo owner are unevenly distributed.In the practice of transporting,a large number of problems related to the legal liability of independent contractors,but they have not received attention and in-depth research at the legislative and theoretical levels.This article conducts research on relevant theories,legislation,and legal practices of independent contractors' responsibilities,with the aim of clarifying the scope of independent contractors that can be incorporated into the maritime cargo transportation law and regulating the legal responsibilities of independent contractors under the international maritime cargo transportation law,except for the introduction and conclusion,the main structure of this article is five parts.The first chapter analyzes the concept of independent contractors,and classifies independent contractors on this basis,in order to clarify the different types of independent contractors and their obligations and liability.Chapter two analyzes the legal status of independent contractors in the international maritime cargo transportation law.The legal status generally matches the legal subject's responsibility,which is the specific position of a legal subject in a legal relationship and its qualification to enjoy rights and assume obligations.This chapter discusses the different legal relationships between the independent contractor and the carrier and the cargo side,and analyzes the legal status of different types of independent contractors.Chapter three analyzes the legal responsibilities of independent contractors under the "Himalaya Clause".The "Himalaya Clause" introduces the carrier's servants,agents and independent contractors into the contract for the carriage of goods by sea,so that they are not the subject which can enjoy the limitation of liability like carrier,but its effectiveness as a bill of lading clause is not stable.This chapter analyzes the legal responsibilities of independent contractors under the "Himalaya Clause" through the changes in the "Himalaya Clause" since its inception and the typical precedents for making judgments on independent contractors based on the clause.Chapter four conducts a comparative law study and intends to sort out the development context and future development trends of the responsibility of independent contractors through the international maritime conventions in different periods,from the"Hague-Visby Rules" to "Hamburg Rules" to "Rotterdam Rules" The changes in the liability of independent contractors under the maritime convention reflect the gradual emphasis of the maritime convention on this subject and the progress of legislative technology.Chapter five,on the basis of analyzing the legislative status and problems of independent contractor's liability in China,through the pros and cons of the independent contractor's liability setting model studied above,puts forward suggestions for the improvement of China's domestic legislation,so as to better apply Laws and regulations deal with maritime practice issues..