Legal Issues on Liability of International Multimodal Transport Operators

在国际贸易日益频繁、多式联运行业迅速发展的背景下,我国多式联运经营人责任规范的完善对行业发展至关重要。本文通过分析我国多式联运经营人责任的立法现状,发现存在归责原则矛盾、责任形式选用不当、责任范围规定不明确以及国内立法与国际脱节等问题。针对这些问题,提出统一采用不完全过错原则、选用修订的统一责任制、完善迟延交付责任范围等完善建议,旨在为我国多式联运合同经营人责任机制的完善提供参考,助力相关法律法规的修订。In the context of increasingly frequent international trade and the rapid development of the multimodal transport industry, the improvement of the liability norms for multimodal transport operators in China is crucial for the development of the industry. This paper analyzes the legislative status of the liability of multimodal transport operators in China and finds that there are problems such as contradictions in the principle of liability attribution, inappropriate selection of liability forms, unclear definition of the scope of liability, and disconnection between domestic legislation and international regulations. In response to these problems, suggestions for improvement are put forward, including uniformly adopting the principle of incomplete fault, selecting the revised uniform liability system, and improving the scope of liability for delayed delivery. The aim is to provide reference for the improvement of the liability mechanism for multimodal transport contract operators in China and facilitate the revision of relevant laws and regulations.

Authors

Publication Details

Journal
Open Journal of Legal Science
Published
2025-01-01
DOI
https://doi.org/10.12677/ojls.2025.135125
Primary Topic
Law, logistics, and international trade
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Legal Issues on Liability of International Multimodal Transport Operators

钰霖 王
Open Journal of Legal Science
Law, logistics, and international trade
article

Legal Issues on Liability of International Multimodal Transport Operators

钰霖 王
article en

Abstract

在国际贸易日益频繁、多式联运行业迅速发展的背景下,我国多式联运经营人责任规范的完善对行业发展至关重要。本文通过分析我国多式联运经营人责任的立法现状,发现存在归责原则矛盾、责任形式选用不当、责任范围规定不明确以及国内立法与国际脱节等问题。针对这些问题,提出统一采用不完全过错原则、选用修订的统一责任制、完善迟延交付责任范围等完善建议,旨在为我国多式联运合同经营人责任机制的完善提供参考,助力相关法律法规的修订。In the context of increasingly frequent international trade and the rapid development of the multimodal transport industry, the improvement of the liability norms for multimodal transport operators in China is crucial for the development of the industry. This paper analyzes the legislative status of the liability of multimodal transport operators in China and finds that there are problems such as contradictions in the principle of liability attribution, inappropriate selection of liability forms, unclear definition of the scope of liability, and disconnection between domestic legislation and international regulations. In response to these problems, suggestions for improvement are put forward, including uniformly adopting the principle of incomplete fault, selecting the revised uniform liability system, and improving the scope of liability for delayed delivery. The aim is to provide reference for the improvement of the liability mechanism for multimodal transport contract operators in China and facilitate the revision of relevant laws and regulations.

Open Journal of Legal ScienceVol. 13(05)
Openalex Percentile: Top 85%
Law, logistics, and international trade
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.