浅析航海过失和管货过失

《海牙规则》确立了海运承运人对航海过失造成的货损免责，航海过失可分为驾船过失和管船过失。但承运人对管货过失造成的货损应承担赔偿责任。区分航海过失，尤其是管船过失与管货过失，成为一项极其重要的任务。近百的来，有关于此的争议不同涌现，国际上要求废除航海过失免责的呼声日益高涨，《汉堡规则》虽废除了航海过失免责，但亦未被国际社会所接受。文章探讨了航海过失与管货过失的区分标准，并尝试建立一种新的承运人责任制度。

On the Negligence in the Navigation of the Ship and the Negligence in the Management of the Cargo

It was established by < Hague Rule > that the ocean carrier is not responsible for the loss or damage arising from the negligence in the navigation or management of ship, but responsible for the loss or damage arising from the negeligence in the management of the cargo. It became very important but difficult to distinguish between the management of the ship and the management of the cargo. Hundreds of cases about it have been handled in the last century. Canceling the carrier's privilege has been contionally demanded by the international community. < Hamburg Rule > abolished the carrier's liability system of the < Hague Rule> ,but it has not been accepted by the world community. This paper analyses the standards of distinction between the the negligence in the management of the ship and the negligence in the management of the cargo, and recommends a new carrer's liablity system.