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海上货物流通的法律衔接问题研究

ABSTRACT

As we all know, nowadays, most of trade are multinational and accomplishment by carrier through sea transportation. Therefore, a process of trade circulation not only relate to the regulation of the inland and international law, but apply to the law of the carriage of goods by sea and international trade and the other relatively laws. The issue of trade circulation needs many pieces of laws, and these laws just consider the integrality of system and regulation but the relations and harmony between these laws. Generally, this thesis introduces issues of trade circulation.

This thesis consists of four chapters.

Chapter one introduces the international legal environment of trade circulation and the current situation of the carriage of goods by sea in our land.

Chapter two provides a general statement of the responsibility of After the goods are unloaded before being put, including the reason of the responsibility is difficult clearly and puzzlement that caused in practice by after unloading before putting; then devoted to the view and legislation of responsibility after unloading before putting the goods domestically of inland and international during carrier's responsibility.

Chapter three discusses the execution of The Right of Stoppage in Translation. First of all, analyzing the dispute between The Right of Stoppage in Translation and the Transportation Law. Then discussing the current legislation in our country and offering the suggestion of revising The Law of Admiralty.

Chapter four, the focus of this thesis, discusses detailed issue of Nobody picks up goods in the port of destination: situati on, the carrier‟s predicament, and the way to solving the carrier‟s predicament. Lastly, we point out the dispute about dealing with the issue of Nobody picks up goods in the port of destination between The law of customs and The law of trade of people.