通过对“同心泉”号船一案的分析,意在澄清以下两点:一是制作海运单证是承运人的责任,期租项下当船东不是承运人时,不应对单证的制作和携带承担责任;二是在海运合同追偿案中,追偿人和被追偿人的权利义务是独立的,在责任限制问题上也是如此,并且责任人的受雇人的过错不当然导致责任人本人丧失责任限制。 Through the analysis of the case of “Tongxin Quan”, it is intended to clarify the following two points. First, it is the carrier’s responsibility to make the shipping documents. When the owner is not the carrier under the time charter, the production of the documents And carrying responsibility; the second is in the contract for the recovery of maritime contracts, the rights and obligations of the recoverors and the people being repatriated are independent, the same is true of the limitation of liability, and the fault of the servant of the responsible person does not of course lead to the responsible person himself Loss of liability limits.