承运人迟延交付责任制度研究
发布时间：2018-10-18 15:41
【摘要】：海上货物运输中的迟延交付，一直是困扰货方和承运人的一个重要问题，也是一个复杂的法律问题。长期以来，国际航运中风险较大、航海技术的落后以及及时交付货物相比较安全运输货物的次要地位，导致了相关国际公约和世界航运大国的国内立法中缺乏对迟延交付责任制度的关注。直到《汉堡规则》才第一次在国际范围内明确规定了迟延交付的概念和责任。我国《海商法》借鉴了《汉堡规则》关于迟延交付的部分规定，制定了具有中国特色的迟延交付法律制度。但是，由于我国《海商法》中迟延交付的定义、迟延交付的赔偿范围以及责任限额等存在着许多的法律缺陷，，导致了人们对于迟延交付的责任制度产生了不同的理解。在海事司法实践中，对于海上货物运输中的迟延交付问题存在着大量的争执和质疑。因此对于迟延交付责任制度作系统的分析和研究具有具大的紧迫性和极大的现实意义。本文试图从迟延交付概念的分歧，迟延交付制度的确立入手，通过比较分析有关海上货物运输的国际公约、主要海运大国的立法、我国法律的规定，结合国内外的一些典型案例，用理论联系实际的方法，探讨迟延交付责任的构成要件、迟延交付损失的赔偿原则和赔偿范围、迟延交付因果关系的分析以及免责和责任限制等问题。最后在前文分析的基础上指出我国《海商法》迟延交付责任制度的立法缺陷并提出相关的修改建议。 本文分六章，四个部分来论述： 第一章，概述部分，介绍迟延交付制度基本理论。论述了迟延交付的概念问题和迟延交付责任制度的确立过程，为文章对迟延交付责任制度的研究打下基础。 第二章，论述了迟延交付责任的构成要件。其中对于迟延交付责任的因果关系分析是本章的重点和难点所在。笔者对其提出了一些不成熟看法。 第三章到第五章为本文的第三部分。该部分中笔者分析了迟延交付责任的认定依据、赔偿范围、免责和责任限制以及举证责任等。该部分的重点是迟延损失的赔偿范围的确定，具体分析“柯兹亚"轮迟延交货案来说明这个问题是本部分的特色所在。 第六章为本文的最后一部分。该章中，笔者分析了我国《海商法》迟延交付责任制度的立法缺陷，提出修改建议。这部分也是文章的重点所在，因为它体现了本文的写作目的。
[Abstract]:The delay of delivery in the carriage of goods by sea has always been an important and complicated legal problem for the cargo parties and carriers. For a long time, the risks in international shipping have been high, the navigation technology is backward, and the timely delivery of goods is less important than the safe transportation of goods. As a result, the international conventions and the domestic legislation of the world shipping countries lack the attention to the delay delivery liability system. It was not until the Hamburg rules that the concept and responsibility of delay in delivery were clearly defined internationally. China's Maritime Law draws on some provisions of Hamburg rules on delay in delivery, and formulates a legal system of delay delivery with Chinese characteristics. However, due to the definition of delay delivery in Maritime Law of China, the scope of compensation for delay delivery and the limitation of liability, there are many legal defects, which lead to different understanding of the system of late delivery liability. In maritime judicial practice, there are a lot of disputes and doubts about the delay of delivery in the carriage of goods by sea. Therefore, it is of great urgency and great practical significance to make systematic analysis and research on the system of late delivery responsibility. This paper attempts to start with the difference of the concept of delay delivery and the establishment of the system of delay delivery, through comparative analysis of the international conventions concerning the carriage of goods by sea, the legislation of major maritime countries, and the provisions of the laws of our country. Combined with some typical cases at home and abroad, this paper discusses the constitutive elements of the liability for delayed delivery, the principle and scope of compensation for the loss of delay in delivery, with the method of combining theory with practice. Analysis of causality of delay delivery as well as exemption and limitation of liability. Finally, on the basis of the above analysis, the author points out the legislative defects of the late delivery liability system in China's Maritime Law and puts forward some relevant suggestions for amendment. This paper is divided into six chapters, four parts to discuss: the first chapter, the introduction of the basic theory of delay delivery system. This paper discusses the concept of delay delivery and the establishment process of delay delivery liability system, which lays a foundation for the study of delay delivery liability system in this paper. The second chapter discusses the constitutive elements of the responsibility for delay delivery. The causality analysis of delay-delivery liability is the key and difficulty of this chapter. The author puts forward some immature views on it. The third chapter to the fifth chapter is the third part of this paper. In this part, the author analyzes the confirmation basis, the scope of compensation, the limitation of exemption and liability, and the burden of proof. The emphasis of this part is on the determination of the compensation scope of delay loss. It is the characteristic of this part to analyze the delayed delivery case of "Cozier" to explain this problem. Chapter six is the last part of this paper. In this chapter, the author analyzes the legislative defects of the late delivery liability system in Maritime Law of China, and puts forward some suggestions for amendment. This part is also the focus of the article, because it reflects the purpose of this paper.
【学位授予单位】：上海海事大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D996.19;D922.294
本文编号：2279586
[Abstract]:The delay of delivery in the carriage of goods by sea has always been an important and complicated legal problem for the cargo parties and carriers. For a long time, the risks in international shipping have been high, the navigation technology is backward, and the timely delivery of goods is less important than the safe transportation of goods. As a result, the international conventions and the domestic legislation of the world shipping countries lack the attention to the delay delivery liability system. It was not until the Hamburg rules that the concept and responsibility of delay in delivery were clearly defined internationally. China's Maritime Law draws on some provisions of Hamburg rules on delay in delivery, and formulates a legal system of delay delivery with Chinese characteristics. However, due to the definition of delay delivery in Maritime Law of China, the scope of compensation for delay delivery and the limitation of liability, there are many legal defects, which lead to different understanding of the system of late delivery liability. In maritime judicial practice, there are a lot of disputes and doubts about the delay of delivery in the carriage of goods by sea. Therefore, it is of great urgency and great practical significance to make systematic analysis and research on the system of late delivery responsibility. This paper attempts to start with the difference of the concept of delay delivery and the establishment of the system of delay delivery, through comparative analysis of the international conventions concerning the carriage of goods by sea, the legislation of major maritime countries, and the provisions of the laws of our country. Combined with some typical cases at home and abroad, this paper discusses the constitutive elements of the liability for delayed delivery, the principle and scope of compensation for the loss of delay in delivery, with the method of combining theory with practice. Analysis of causality of delay delivery as well as exemption and limitation of liability. Finally, on the basis of the above analysis, the author points out the legislative defects of the late delivery liability system in China's Maritime Law and puts forward some relevant suggestions for amendment. This paper is divided into six chapters, four parts to discuss: the first chapter, the introduction of the basic theory of delay delivery system. This paper discusses the concept of delay delivery and the establishment process of delay delivery liability system, which lays a foundation for the study of delay delivery liability system in this paper. The second chapter discusses the constitutive elements of the responsibility for delay delivery. The causality analysis of delay-delivery liability is the key and difficulty of this chapter. The author puts forward some immature views on it. The third chapter to the fifth chapter is the third part of this paper. In this part, the author analyzes the confirmation basis, the scope of compensation, the limitation of exemption and liability, and the burden of proof. The emphasis of this part is on the determination of the compensation scope of delay loss. It is the characteristic of this part to analyze the delayed delivery case of "Cozier" to explain this problem. Chapter six is the last part of this paper. In this chapter, the author analyzes the legislative defects of the late delivery liability system in Maritime Law of China, and puts forward some suggestions for amendment. This part is also the focus of the article, because it reflects the purpose of this paper.
【学位授予单位】：上海海事大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D996.19;D922.294
【引证文献】
相关硕士学位论文 前2条
1 贾兰英;国际海上货物运输中纯经济损失研究[D];大连海事大学;2011年
2 刘维丽斯;我国沿海货物运输迟延交付责任研究[D];大连海事大学;2012年
本文编号：2279586
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