Legislation Perfection Of Contract Of Carriage Of Goods By Inland Waterway Under The Background Of The Amendment Of The Chinese Maritime Code

Compared with other modes of domestic transportation,carriage of goods by inland waterway has an unparalleled advantage in both volume and freight.In addition,the well-developed navigation system helps carriage of goods by inland waterway to hold a very important position in the domestic transportation market of China.However,the legal system cannot be able to keep pace with the development of inland waterway transportation.The contractual relations of carriage of goods by inland waterway have been lack of special national legislation to adjust,which is worse after the repeal of the Rules of Domestic Carriage by Water.Due to the shortage of legislative resources,the amendment of the Chinese Maritime Code can be a precious opportunity for inland waterway transportation.Also,improving the legal system of inland waterway transportation can conforms to the trend of “maritime plus” of international maritime transportation.Although there are similarities,those differences between carriage of goods by inland waterway and by sea cannot be ignored.As a consequence,the legal system of carriage of goods by sea cannot be applied indiscriminately to inland waterway transportation.So besides the Chinese Maritime Code,in the process of inland waterway transportation legislation,the widely accepted practice of inland waterway transportation as well as the institutional arrangement about inland waterway transportation in other countries or regions can be taken into account for reference.There are four chapters in the text:Chapter Ⅰ reviews the historical background and the current situation of legislation of Chinese inland waterway transportation.The legislation of Chinese waterway transportation develops with the reforming process of economic system,which means the current situation of these legal or regulatory frameworks can be described as a historical choice under such historical condition.But as an outcome of opening-up of domestic market of waterway transportation,the legal system improves with a standardized requirement of legislation.Under such condition,it is a dilemma concerning application of laws to the contract of carriage of goods by inland waterway,especially after the repeal of the Rules of Domestic Carriage by Waterway.Chapter Ⅱ analyzes the problems,combing with cases,faced by the legislation of inland waterway transportation.In the system dilemma,the settlement of disputes can only apply to the general provisions of the Law of Contract unless the contractual parties agreed in detail in the contract.Lacking of pertinence,the Law of Contract can not solve the problems when it comes to the status of “third party”,who actually participate in the transport activities but not a contractual party,the jural relations as well as the special arrangement of waterway transportation.Chapter Ⅲ compares the legislative system of waterway transportation around the world.The maritime law takes an international nature,so it cannot be separated from the reference to international experiences when amending Chinese Maritime Code.Through an analysis of articles of the relevant laws and conventions in other countries or regions,the models of waterway transportation legislation and the similarities and differences between the provisions of carriage of goods by inland waterway and by sea especially between the Rotterdam Rules and the Budapest Convention on the Contract for the Carriage of Goods by Inland Waterway(CMNI)are compared,which can be a reference to the legislation of Chinese inland waterway transportation.Chapter Ⅳ states the path to perfect the legislation of contract of inland waterway transportation under the background of the amendment of the Chinese Maritime Code.Through an analysis of necessity and feasibility,it concludes that the best way to legislate the contract of inland waterway transportation is to include the inland waterway transportation into the scope of application of the Chinese Maritime Code.Within the framework,to legislate the contract of inland waterway transportation should adhere to the value orientation of fairness and justice.On the basis of inheriting and transplanting the existing system,solutions to the problems faced by the application of laws on the contract of inland waterway transportation are put forward.