China’s Legislative Trend on Cruise Carrier’s Liability –Focus on the first draft of Proposal for Revising the Maritime Law-

Abstract

China initiated the revision of the Maritime Law and the first draft of the Proposal is soliciting opinions from law field as well as shipping field. The Ministry of Transport of the People’s Republic of China has been continuously carrying out revision research on the Maritime law. It has organized two systematic studies in 2000 and 2013 respectively, with certain basic accumulation. Considering the professional and the complexity of maritime law, a research program is formed again in 2017 and, after nearly two years of hard work, a first draft proposal was ultimately finished. The Proposal borrows some general principles from the 2002 Athens Protocol for the passenger carrier’s liability regime. What’s more, some provisions specific for cruise carrier’s duties and liabilities are added in such as network liability system, cruise carrier’s duties, compulsory insurance and direct action against liability insurers, thus providing a cruise passenger with stronger protection and making it easier for him/her to understand just which his/her rights are. However, the regime of cruise carrier’s liability in this paper still needs some improvement because of some slight imperfections. This article aims to give a somewhat comprehensive study on the liability framework of the cruise carrier in the Proposal and, where necessary, compare with the current Maritime Law and the 2002 Athens Protocol, focus on the responsibility period of the cruise carrier, the relevant obligations, the application of the laws in various sections of the cruise journey, the grounds for responsibility, the limit of liability, compulsory insurance and direct claims against liability insurers.