本科毕业设计-试论我国海运履约方制度之构建

AbstractThe rapid development of international maritime transportation industry makes it increasingly difficult for the existing subject of shipping responsibility system to meet the real needs, so the maritime performing party system was born to solve this problem, and it will be a milestone in the development process of the subject of shipping responsibility system. As a large country in shipping industry,it is of great realistic significance that China takes in and learns from the maritime performing party system. Firstly, this paper analyses the significance of constructing maritime performing party system in China from the view of system innovation, efficiency, equity value and the healthy development of Chinese shipping industry. And then the provisions which related to the maritime performing party system in China are introduced and the shortages of the legal rules are pointed out.After that, on the basis of elaborating the maritime performing party system under the Rotterdam Rules and concerning the deficiencies of the present legal provisions,the author proposes some suggestions to construct maritime performing party system in China in order to deal with the complicated legal relationship of international maritime transportation of goods.Key words: Maritime performing party；Rotterdam Rules；Liability；Construction； 试论我国海运履约方制度之构建随着国际贸易往来的日益深化，作为国际贸易桥梁和纽带的国际海运也经历着变化和演进的沧桑，并使得国际海运关系日益趋向复杂。纵观整个运输过程，除了托运人和承运人之间的运输合同外，还会存在承运人与实际履行货物运输义务的相关方之间的委托合同、运输合同或者租船合同等。因此，理顺国际海运中所涉及的各主体之间的关系、厘清其责任负担成为国际贸易和法律界共同的课题。承运人作为国际海运关系中的关键主体，其责任历来都备受理论和实务界的关注，而且与承运...