Research On China-russia Land And Sea Multimodal Transport Operators Delay In Compensation Under The Belt And Road Initiative

In 2013,during his visit to Central and Central and South Asia,President Xi Jinping proposed the "Silk Road Economic Belt" and the "21st Century Maritime Silk Road"(referred to as the "Belt and Road" for short).Countries and regions have joined.Among them,Russia was the first to support and join,and it is an important cooperative partner of China’s “Belt and Road” initiative.In2015,the heads of state of China and Russia jointly signed the "Joint Statement on Docking Cooperation in the Construction of the Silk Road Economic Belt and the Construction of the Eurasian Economic Union",leading the relationship between China and Russia to a new height.It is also more frequent.And 2020 is a special period.The spread of the new coronavirus has already had a great impact on the global economy,so the occurrence of delayed delivery has also greatly increased,so in this special period,we should also Pay attention to the risk of delayed delivery due to a series of problems.While China and Russia adopt land-sea combined transportation to improve economic efficiency,they also face great risks in applying the law.Due to the economic and cultural differences between the two countries,the domestic legislation of the two countries is also very different.Among them,there is no unified regulation on the delay of delivery of the operator,the scope of compensation and the limit of liability,which greatly affects China.The Russian-Russian combined transport operator has the effect of applying the law to the issue of delayed delivery.And with the development of the times,the previous two countries’ provisions on delayed delivery have a lag in balancing the interests of both parties of the freight,which has caused difficulties for the Chinese and Russian operators to resolve when delayed delivery occurs.Under the “Belt and Road”initiative,when a dispute between China and Russia ’s land-and-sea transport operator for late delivery occurs,what kind of legal rules should be applied to determine the operator ’s liability for late delivery and the domestic laws of China and Russia when determining compensation How to solve the conflict,these problems are the constraints of the land and sea transportation between China and Russia.Therefore,this article is based on the domestic laws of China and Russia,combined with the existing international conventions,and explores the suitability of China and Russia to solve the delayed delivery of operators.Standards for compensation issues.In summary,this article studies the use of contract freedom theory,interest balance theory and regional economic integration theory,through the analysis of the current domestic law legislation of China and Russia about the delay in the determination of the delivery time,the scope of compensation and the limit of liability,combined with the actual Russia and the two countries discussed the specific cases of late delivery,and summarized the main problems of the late delivery of the operator between China and Russia,that is,the inconsistency of the delayed delivery confirmation time,the unsettled delay payment compensation provisions,and the delay delivery liability limit The standard is too low.At the same time,a comparative analysis of international conventions on delayed delivery at the international level was conducted to discuss the setting of the operator’s delayed delivery content,improve the settlement of disputes between China and Russia in delayed delivery of land and sea transportation,and promote the healthy and coordinated development of the economies of the two countries.