ABSTRACT
The parties to the contract of carriage of goods by sea evidenced by bill of lading are the shipper and the carrier. Besides the contractual shipper and the contractual carrier, there are also the concepts of an actual shipper and an actual carrier in the Chinese Maritime Code (CMC) 1992. The consignee and the bill of lading holder may be also affected by charter parties if they are validly incorporated into the bills of lading. The common carrier is a not a concept in Chinese maritime law. In common law jurisdiction, the term common carrier may refer to a person that holds itself out to the general public to provide transportation by water of passengers or cargo. The Xiamen Maritime Court rejected the claim and held that Mares Company was not a public carrier. It was pointed out that a public carrier must have the characteristic of a non-profit public service and has a welfare nature.
