国际多式联运经营人责任制度研究
发布时间：2018-08-05 16:44
【摘要】：国际货物多式联运在世界经济发展中扮演着越来越重要的角色,自国际多式联运诞生以来,国际上就一致呼唤着多式联运经营人责任制度的统一。然而,这一目的至今尚未实现,这从一定程度上制约了国际多式联运以及国际贸易的发展。我国有关多式联运的法律同样不能很好地满足多式联运业务发展的需要,亟需完善和发展。 本文以国际多式联运经营人责任制度为研究对象,首先明确了国际多式联运和国际多式联运经营人的概念,并就国际多式联运经营人与各方的法律关系展开分析比较,重点分析和论述了国际多式联运经营人的责任形式、责任期间、责任基础以及责任限额及其相关问题。最后结合目前国际、国内有关多式联运的立法现状,对我国多式联运经营人责任制度提出了自己的看法。 文章的基本框架如下: 第一章,国际多式联运概述。对国际多式联运的概念作出了界定并比较分析了相关概念;论述了国际多式联运经营人的法律性质、基本特征及其经营资质;简单介绍了多式联运合同,并分析了多式联运单据与提单的异同及关联。 第二章,国际多式联运经营人与部分相关方。国际多式联运中涉及众多当事方,各当事方之间法律关系十分复杂,本章仅就国际多式联运经营人与各区段实际承运人的关系、国际多式联运经营人与货运代理人以及其与港站经营人的关系展开讨论。 第三章,国际多式联运经营人责任制度。国际多式联运经营人的责任制度包括国际多式联运经营人的责任形式、责任期间、责任基础、责任限额及其丧失、非合同赔偿责任等,本章将分别就上述问题展开一一论述。 第四章,国际多式联运经营人责任制度现状及评析。本章首先是对国际公约和惯例下多式联运经营人责任制度的规定进行了评析,然后对我国多式联运立法现状作出论述并于文章最后提出作者自己的看法和建议。 本文从民商法的一些基本原理出发,结合了国际货物运输实务及其特点,对现有相关的国际公约和各国法律采用比较分析的方法,对国际多式联运经营人责任制度问题进行研究,在研究的基础上得出结论。对国际多式联运经营人责任制度本文作者也只是作尝试性的探讨,以期引起更多的学者关注国际多式联运经营人责任制度问题,及早提出合理的解决方案。
[Abstract]:International multimodal transport of goods plays a more and more important role in the development of world economy. Since the birth of international multimodal transport, the international community has been calling for the unification of the liability system of multimodal transport operators. However, this goal has not been realized so far, which restricts the development of international multimodal transport and international trade to some extent. The laws on multimodal transport in our country can not meet the needs of the development of multimodal transport and need to be perfected and developed. In this paper, the liability system of international multimodal transport operators is taken as the research object. Firstly, the concepts of international multimodal transport operators and international multimodal transport operators are clarified, and the legal relations between international multimodal transport operators and various parties are analyzed and compared. This paper focuses on the analysis and discussion of international multimodal transport operator's liability form, liability period, liability basis, liability limit and its related problems. Finally, combined with the current international and domestic legislation on multimodal transport, the author puts forward his own views on the liability system of multimodal transport operators in China. The basic framework of the article is as follows: the first chapter is an overview of international multimodal transport. The concept of international multimodal transport is defined and the relevant concepts are compared and analyzed; the legal nature, basic characteristics and operational qualifications of international multimodal transport operators are discussed; the contract of multimodal transport is briefly introduced. The similarities and differences between multimodal transport documents and bills of lading are analyzed. The second chapter, international multimodal transport operator and some related parties. The legal relationship between the parties involved in international multimodal transport is complex. This chapter deals only with the relationship between the international multimodal transport operator and the actual carrier in each section, The relationship between international multimodal transport operator and freight forwarder and port station operator is discussed. The third chapter, international multimodal transport operator liability system. The liability system of international multimodal transport operator includes the form of liability, the period of liability, the basis of liability, the limitation of liability and its loss, non-contractual liability, etc. The fourth chapter, the international multimodal transport operator liability system present situation and the appraisal. This chapter first analyzes the provisions of the liability system of multimodal transport operators under international conventions and practices, then discusses the current situation of the legislation of multimodal transport in China and puts forward the author's own views and suggestions at the end of the article. Based on some basic principles of civil and commercial law and combining the practice and characteristics of international freight transport, this paper adopts a comparative analysis method to the existing relevant international conventions and laws of various countries. This paper studies the liability system of international multimodal transport operators and draws a conclusion on the basis of the research. The author of this paper is only trying to discuss the liability system of international multimodal transport operators in order to attract more scholars to pay attention to the problems of international multimodal transport operators' liability system and to put forward reasonable solutions as soon as possible.
【学位授予单位】：上海海事大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D996
本文编号：2166377
[Abstract]:International multimodal transport of goods plays a more and more important role in the development of world economy. Since the birth of international multimodal transport, the international community has been calling for the unification of the liability system of multimodal transport operators. However, this goal has not been realized so far, which restricts the development of international multimodal transport and international trade to some extent. The laws on multimodal transport in our country can not meet the needs of the development of multimodal transport and need to be perfected and developed. In this paper, the liability system of international multimodal transport operators is taken as the research object. Firstly, the concepts of international multimodal transport operators and international multimodal transport operators are clarified, and the legal relations between international multimodal transport operators and various parties are analyzed and compared. This paper focuses on the analysis and discussion of international multimodal transport operator's liability form, liability period, liability basis, liability limit and its related problems. Finally, combined with the current international and domestic legislation on multimodal transport, the author puts forward his own views on the liability system of multimodal transport operators in China. The basic framework of the article is as follows: the first chapter is an overview of international multimodal transport. The concept of international multimodal transport is defined and the relevant concepts are compared and analyzed; the legal nature, basic characteristics and operational qualifications of international multimodal transport operators are discussed; the contract of multimodal transport is briefly introduced. The similarities and differences between multimodal transport documents and bills of lading are analyzed. The second chapter, international multimodal transport operator and some related parties. The legal relationship between the parties involved in international multimodal transport is complex. This chapter deals only with the relationship between the international multimodal transport operator and the actual carrier in each section, The relationship between international multimodal transport operator and freight forwarder and port station operator is discussed. The third chapter, international multimodal transport operator liability system. The liability system of international multimodal transport operator includes the form of liability, the period of liability, the basis of liability, the limitation of liability and its loss, non-contractual liability, etc. The fourth chapter, the international multimodal transport operator liability system present situation and the appraisal. This chapter first analyzes the provisions of the liability system of multimodal transport operators under international conventions and practices, then discusses the current situation of the legislation of multimodal transport in China and puts forward the author's own views and suggestions at the end of the article. Based on some basic principles of civil and commercial law and combining the practice and characteristics of international freight transport, this paper adopts a comparative analysis method to the existing relevant international conventions and laws of various countries. This paper studies the liability system of international multimodal transport operators and draws a conclusion on the basis of the research. The author of this paper is only trying to discuss the liability system of international multimodal transport operators in order to attract more scholars to pay attention to the problems of international multimodal transport operators' liability system and to put forward reasonable solutions as soon as possible.
【学位授予单位】：上海海事大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D996
【引证文献】
相关硕士学位论文 前3条
1 陈艳;海上货物运输承运人责任制度研究[D];中国政法大学;2007年
2 刘国运;国际集装箱货损问题法律分析[D];中国海洋大学;2009年
3 潘寅颖;国际多式联运经营人责任制度协调的研究[D];华东政法大学;2012年
，本文编号：2166377
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