国内沿海货运中承运人连带债务制度的反思与重构

Reflection and reconstruction of joint and several obligation of carriers in domestic coastal freight

随着中国海运业的不断发展,国际、国内海上货物运输实现统一法律规制的呼声越来越高。就承运人连带债务制度而言,《中华人民共和国海商法》第63条与《国内水路货物运输规则》第46条虽作出了内容一致的规定,但由于《国内水路货物运输规则》的效力位阶较低,这导致法院在适用《国内水路货物运输规则》上述条文时经常产生困惑。在深入研究民法理论和现行制度的基础上,提出重构国内沿海货运中承运人连带债务制度的设想。

With the continuous development of China＇ s shipping industry, the request for the unity of legal regulation between domestic coastal freight and international marine cargo transportation is getting more and more urgent. In terms of the joint and several Obligation of carriers, although Article 63 of Maritime Code of the People＇ s Republic of China and Article 46 of the Rules and Regulations for Domestic Waterway Transport of Goods are the same in content, the Rules and Regulations for Domestic Waterway Transport of Goods is departmental regulation, which leads to courts＇confusions in its application. Based on in-depth study of the theory of civil law and the current system, this paper puts forward the suggestions for reconstructing joint and several obligation of carriers in domestic coastal freight.