海运承运人责任制度经过五个阶段的发展,目前是不完全过失责任与过失责任并存。海商法学界存在取消航海过失免责和保留航海过失免责两种对立的观点。《鹿特丹规则》从字面上取消了承运人的航海过失免责,但将关键性的举证责任由货方承担,实际在一定程度上保留了这一免责。 After five stages of development of the maritime carrier responsibility system, it is not entirely fault liability and fault liability coexist at present. The jurisprudence of maritime law has two opposite views: abolishing exemption from maritime negligence and retaining exemption from maritime negligence. The Rotterdam Rules literally canceled the carrier’s liability for nautical negligence, but the key burden of proof was borne by the consignor, and this exemption was in fact retained to some extent.