承運(yùn)人遲延交付責(zé)任制度研究
發(fā)布時間：2018-10-18 15:41
【摘要】：海上貨物運(yùn)輸中的遲延交付，一直是困擾貨方和承運(yùn)人的一個重要問題，也是一個復(fù)雜的法律問題。長期以來，國際航運(yùn)中風(fēng)險較大、航海技術(shù)的落后以及及時交付貨物相比較安全運(yùn)輸貨物的次要地位，導(dǎo)致了相關(guān)國際公約和世界航運(yùn)大國的國內(nèi)立法中缺乏對遲延交付責(zé)任制度的關(guān)注。直到《漢堡規(guī)則》才第一次在國際范圍內(nèi)明確規(guī)定了遲延交付的概念和責(zé)任。我國《海商法》借鑒了《漢堡規(guī)則》關(guān)于遲延交付的部分規(guī)定，制定了具有中國特色的遲延交付法律制度。但是，由于我國《海商法》中遲延交付的定義、遲延交付的賠償范圍以及責(zé)任限額等存在著許多的法律缺陷，，導(dǎo)致了人們對于遲延交付的責(zé)任制度產(chǎn)生了不同的理解。在海事司法實(shí)踐中，對于海上貨物運(yùn)輸中的遲延交付問題存在著大量的爭執(zhí)和質(zhì)疑。因此對于遲延交付責(zé)任制度作系統(tǒng)的分析和研究具有具大的緊迫性和極大的現(xiàn)實(shí)意義。本文試圖從遲延交付概念的分歧，遲延交付制度的確立入手，通過比較分析有關(guān)海上貨物運(yùn)輸?shù)膰H公約、主要海運(yùn)大國的立法、我國法律的規(guī)定，結(jié)合國內(nèi)外的一些典型案例，用理論聯(lián)系實(shí)際的方法，探討遲延交付責(zé)任的構(gòu)成要件、遲延交付損失的賠償原則和賠償范圍、遲延交付因果關(guān)系的分析以及免責(zé)和責(zé)任限制等問題。最后在前文分析的基礎(chǔ)上指出我國《海商法》遲延交付責(zé)任制度的立法缺陷并提出相關(guān)的修改建議。 本文分六章，四個部分來論述： 第一章，概述部分，介紹遲延交付制度基本理論。論述了遲延交付的概念問題和遲延交付責(zé)任制度的確立過程，為文章對遲延交付責(zé)任制度的研究打下基礎(chǔ)。 第二章，論述了遲延交付責(zé)任的構(gòu)成要件。其中對于遲延交付責(zé)任的因果關(guān)系分析是本章的重點(diǎn)和難點(diǎn)所在。筆者對其提出了一些不成熟看法。 第三章到第五章為本文的第三部分。該部分中筆者分析了遲延交付責(zé)任的認(rèn)定依據(jù)、賠償范圍、免責(zé)和責(zé)任限制以及舉證責(zé)任等。該部分的重點(diǎn)是遲延損失的賠償范圍的確定，具體分析“柯茲亞"輪遲延交貨案來說明這個問題是本部分的特色所在。 第六章為本文的最后一部分。該章中，筆者分析了我國《海商法》遲延交付責(zé)任制度的立法缺陷，提出修改建議。這部分也是文章的重點(diǎn)所在，因?yàn)樗w現(xiàn)了本文的寫作目的。
[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.
【學(xué)位授予單位】：上海海事大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2006
【分類號】：D996.19;D922.294
本文編號：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.
【學(xué)位授予單位】：上海海事大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2006
【分類號】：D996.19;D922.294
【引證文獻(xiàn)】
相關(guān)碩士學(xué)位論文 前2條
1 賈蘭英;國際海上貨物運(yùn)輸中純經(jīng)濟(jì)損失研究[D];大連海事大學(xué);2011年
2 劉維麗斯;我國沿海貨物運(yùn)輸遲延交付責(zé)任研究[D];大連海事大學(xué);2012年
本文編號：2279586
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