论共同海损制度发展趋势及我国立法建议-国际法学专业论文.docxVIP

improve the development of our marine transportation and foreign trade, we should borrow from development trend of international legislation and absorb some new provisions that has gone beyond the practical limit and reflect the tendency of international maritime affairs legislation into our general averages system. This text aims at the existent problems of the our general average system, combining present situation in international maritime affairs legislation, carrying out evaluation and elaborating to the existing provision by studying the foundation of the development trend of the general average system, putting forward an own standpoint to expect to put forward a valid suggestion to improve our existing provisions. The article consists of eight parts. Part 1 introduce the origins of general average system ;explicit the definition of general average ;Trace back the development of general average system; Discuss the law property of general average. Part 2 expatiate the composing elements of general average; Enumerate the concrete category and manifestation of general average sacrifice and general average expenses. Part 3 discuss the relationship with the party concerned mistake of the general average, including the relation between the mistake of consignor as well as carrier and the general average. Part 4 explain how to manage the adjustment and share of general average: introduce the concept of general average adjustment and features of the rules of general average adjustment; Elaborate the method of general average adjustment In detail,including the amount of general average loss; calculation of the value of general average share and the amount of general average share. Part 5 introduce the law basis ,characteristics,composing elements and steps of system asking for subrogation compensation in general average and the items should be noticed when insurer exercise an ask for compensation right. Part 6 expatiate the development and change of the general a