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从提出《鹿特丹规则》中海运履约方赔偿责任因其实践性备受关注开始,详细阐述了海运履约方制度中有关赔偿责任的内容,并比较了海运履约方和承运人之间的责任关系,得出承运人对整个运输期间负责,海运履约方仅对海运期间自己承担的区段负责,并和承运人一起承担连带赔偿责任的结论。最后,建议中国《海商法》的修改应该借鉴《鹿特丹规则》的规定设置海运履约方制度。
From the point of view of its practicality, the liability of maritime performing parties in the proposed Rotterdam Rules started to be elaborated. The content of the liability of maritime performing party was elaborated, and the responsibility relationship between maritime performing parties and carriers was compared. The conclusion is that the carrier is responsible for the entire period of transportation. The maritime performing party is only responsible for the section it undertakes during the maritime transport and assumes the joint and several liability with the carrier. Finally, it is suggested that the revision of China’s Maritime Law should draw lessons from the “Rotterdam Rules” to set up the maritime performing party system.