The marine transport is a business with high risk. In order to encourage and protect the development of this industry, a law system cover the risk of the marine transport was established gradually. Such as the system of maritime affairs indemnification responsibility limits and the system accepting the carrier free from responsibilities. And the other law sections do not have such system. Marine fire clause is one of them.
This thesis taking the case of Sunflower seed cake of COFCO as an example, analyzes the problems of Marine fire absolution responsibility. The thesis introduces the rules in “HAGUE RULES”、 “HAMBURG RULES” and “American Maritime Law”, and illustrates the definition of fire, cause, onus probandi, and then analyzes the case in details. At last the thesis analyzes the rules in “China Maritime Law”. In the author’s point of view, marine fire, in respect of its definition, the cause, the order of proof as well as the subject of proof are quite important problem. There are some defects in the legislation in China. The author puts forwards some advices for amendment the law.
【 Keywords 】 Absolution responsibility of fire; Onus probandi; Hague rules; Hamburg rules; Maritime law