Study On The Liability System Of The Operator Of International Multimodal Transport Of Goods

As the world’s largest foreign trade exporter,multimodal transport of goods plays an important role in promoting China’s economic development.After the emergence of containers,multimodal transport of goods has become an indispensable mode of transportation services.As a "collective" mode of transportation of multiple single transportation,there is a relationship between "operator" and "actual carrier".When the goods are "lost or damaged",it must be distinguished that it is the responsibility of the operator and the actual carrier.At the same time,the basis of compensation should be divided into "unification" and "region".From the perspective of the development prospect of international multimodal transport of goods,the establishment of a unified operator responsibility system is more conducive to the development of international trade.However,although a large number of legislative attempts have been made in the world,there is still no rules and regulations that can be generally accepted by all countries in the world.The establishment of the legal provisions of multimodal transport of goods in China,on the one hand,refers to the internationally recognized multimodal transport provisions,and on the other hand,fully combines the real situation of domestic trade and economy in the early stage of legislation.However,with the increasing volume of domestic and international trade,the current law can not fully meet the needs of economic development.There are two parts of China’s multimodal transport of goods,the maritime law and the civil code.The former is mainly applied to the "maritime mode",while the latter is mainly applicable to the "other modes".However,the two do not form a perfect complementary relationship,but there are many conflicts in the principle of liability,the limit of liability,the scope of liability and so on.Against this background,one belt,one road,and the other one,are fully analyzed and demonstrated by the existing research theories.According to the development of the "one belt and one road" and the steady transformation of the domestic economy,the comparison of the existing liability system of the multimodal transport operator and the relevant international conventions is made.This paper analyzes the problems of mutual conflict between domestic legislation and derailment and international practice in China’s laws,and there are some specific problems,such as improper choice of imputation form,unclear scope of responsibility and too large difference in liability limit.Starting from the existing problems,this paper explores the direction of China’s multimodal transport legislation,and puts forward some suggestions on "separate legislation" of domestic multimodal transport.And explore the applicability of the minimum network liability system to China’s multimodal transport,further transform the two completely different imputation principles in the current civil code and maritime law into the "principle of presumption of liability for fault",analyze the reasons and positive effects of such transformation,and include indirect losses such as delayed delivery into the scope of compensation,so as to maintain the legitimate rights and interests of operators and shippers and improve the limit of liability of carriers,It is conducive to safeguarding the interests of the cargo side.So as to ensure the connection between domestic legislation and international law,and provide practical feedback and reference for the unification of international law.