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Academic Journal of Humanities & Social Sciences, 2024, 7(3); doi: 10.25236/AJHSS.2024.070311.

Research on the Liability of Carriers under the Maritime Law of the People’s Republic of China

Author(s)

Jiawen Li

Corresponding Author:
Jiawen Li
Affiliation(s)

Guizhou Qiannan College of Science and Technology, Qiannan, Guizhou, China

Abstract

Maritime Law of the People's Republic of China has been in effect for over thirty years and has been controversial since its promulgation. Academic circles have different focuses on amending the Maritime Law. Some focus on the overall situation and elaborate on the revision suggestions for other chapters; some focus on amending the carrier’s liability attribution, liability exemption, etc. The Maritime Law takes ship relations and transportation relations as the adjustment objects, so balancing the interests of ships and cargo parties is a close concern of the Maritime Law. Therefore, this Article takes the responsibility basis that determines the balance of interests between the ship and cargo parties as the starting point to reflect on and reconstruct the Maritime Law. The basis of liability here includes the ship’s liability, exemption, proof, liability period, and compensation limit. Among them, liability and exemption are two inseparable contents, which involve the exemption of a ship’s navigation negligence and the exemption of fire fault; the period of the ship’s cargo management obligation should also be discussed in the liability period.

Keywords

Principle of Liability, Reasons for Exemption, Period of Liability

Cite This Paper

Jiawen Li. Research on the Liability of Carriers under the Maritime Law of the People’s Republic of China. Academic Journal of Humanities & Social Sciences (2024) Vol. 7, Issue 3: 70-76. https://doi.org/10.25236/AJHSS.2024.070311.

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