对完善中国海上运输法律制度的思考

On Perfecting Chinese Legal System of Carriage of Goods by Sea

中国对国内和国际的海上货物运输实行的是两套不同法律制度,它们本身都存在着需要进一步完善的空间,这种状况有其深刻的历史原因。如今在实现海上货物运输同一化的基础上完善中国的海上货物运输法律制度,不但是客观的需要,而且条件已经成熟,势在必行。海上货物运输法律制度是《海商法》的核心和基础,对该法的其他制度有着重要的影响。在讨论修改《海商法》时,重中之重是优先考虑修改该法第四章关于海上货物运输合同的法律规定。

The existing legal systems of carriage of goods by sea both for the domestic shipping and oceangoing shipping in China are two separate sets,in which there are still some spaces for improving.And,it has profound historical reasons therefor.Now not only is there a great need to perfect the China shipping legal system based on the unification of the carriage of goods by sea,but also imperative and objective.The legal system of carriage of goods by sea is the core and basis of The Maritime Code of the People's Republic of China,which has an important influence on the other system in The Maritime Code of the People's Republic of China.So in the discussion and revision of The Maritime Code of the People's Republic of China,the fourth chapter of which,named Contract of Carriage of Goods by Sea,should be considered priority among priorities.