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承运人责任限制制度从诞生那天起就饱受船货双方争论,其额度的高低成为货主和船东的利益焦点,国际规则的演化过程更是争论双方妥协的痕迹。然而,辩证地分析,责任限额的高低并非使双方利益此消彼就一定长。中国作为一个航运大国同时又是货主大国,面对国际航运领域标准不一的现实,是否应当立上一根自己的统一标杆?本文拟就上述问题作深入剖析。
From the day of its birth, the liability limitation system of the carrier has been subject to controversy between the two parties. The level of its quota has become the focus of interests of both the shipowner and the owner. The evolution of the international rules is even more controversial on the compromise between the two sides. However, in a dialectical analysis, the limits of liability do not mean that the interests of both parties should be eliminated. As a big shipping country and a big shipping country, China should establish its own unified benchmark in the face of the different standards in the field of international shipping? This paper intends to make an in-depth analysis of the above issues.