《海商法》修改背景下我国内河货物运输制度的立法模式探讨

A Study on the Legislation Mode of Inland Waterway Cargo Transportation System in the Background of the Revision of the Maritime Law

随着国家“一带一路”和“长江经济带”发展规划等政策措施的实施,中国沿海、内河客货运输量不断增加,国内外的水运货物运输呈现出蓬勃增长的趋势。但自《国内水路货物运输规则》废除以来,关于我国内河货物运输法律适用始终存在缺位,法律法规配置已被内河货物运输行业发展步伐远远落下。随着《海商法》修改工作的启动,呼吁对国内水路货物运输立法的声音逐渐出现。文章在梳理我国内河货物运输法律制度现状之后,认为《海商法》修改中应当纳入内河货物运输作为《海商法》的第四章专节进行调整,并对相关立法思路进行了深入剖析。

With the implementation of the national policies and measures such as “One Belt One Road” and “Yangtze River Economic Belt”, the passenger and freight transport volume of China’s coastal and inland waterways has been increased, and the water transport of goods at home and abroad has shown a booming growth trend. But since the abolition of the “Rules for the Transport of Goods by Domestic Waterways”, there has been a lack of legal application for inland waterway cargo transportation in China. The allocation of laws and regulations has far fallen behind the development pace of inland waterway cargo transportation industry. With the launch of the revision of the Maritime Law, the voice of calling for the legislation of domestic waterway cargo transportation has gradually emerged. After sorting out the current situation of the legal system of inland waterway cargo transportation in China, the article believes that inland waterway cargo transportation should be incorporated into the revision of the Maritime Law as a special section of Chapter IV of the Maritime Law for adjustment, and conducts an in-depth analysis of the relevant legislative ideas.