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海商法上的危险货物应限于物理危险物,不应包括法律危险物。货物需满足危险性要素才可被认定为危险货物。海上危险货物运输托运人的一项特殊义务是危险货物的通知义务。托运人未履行危险货物通知义务造成承运人损失时,责任确定上存在过失责任说和严格责任说区分。我国宜采纳承担严格责任说。托运人承担严格责任上应满足相应要件并有一定限制。我国海商法应修改以对托运人未履行通知义务的严格责任及其限制予以明确规定。
Dangerous goods in maritime law should be limited to physical dangerous goods and should not include legal dangerous goods. The goods must satisfy the dangerous elements before they can be identified as dangerous goods. A special obligation on shippers of dangerous goods by sea is the obligation to notify dangerous goods. When the shipper fails to perform the obligation of informing the dangerous goods causing the loss of the carrier, it is said that there is a fault liability on the determination of the liability and that the strict liability is divided. My country should adopt the assumption of strict liability. The shipper to bear the strict liability should meet the corresponding elements and have certain restrictions. China’s maritime law should be amended to clearly stipulate the strict liability of the shipper for failure to perform its notification obligations and its restrictions.