固有瑕疵,也即Inherent Vice,对承运人和海上货物运输保险人来说,并不陌生。因为由其导致的货损,不但历来被承运人列为免责事项,而且也被海上货物运输保险人列为除外责任,但究竟何为固有瑕疵,长期以来国内缺乏深入的研究,多种海商法专著中有的仅提及该词,有的则只字未提。郭国汀、庄仲希合著的“论固有瑕疵”一文(该文已被收入《中国海商法年刊》第二卷),是国内专门探讨固有瑕疵的论文之一。作者吸收了国外的一些研究成果,从理论 Inherent defects, also known as Inherent Vice, are no stranger to carriers and insurers of marine cargo. Because of the cargo damage caused by it, it has not always been exempted by the carrier as a liability, but also by the marine cargo transport insurer as an exception, but what is inherent flaw, the domestic lack of in-depth study for a long time, a variety of maritime law monographs Some only mentioned the word, while others did not mention it. Guo Guoting and Zhuang Zhongxi co-author of On Inherent Flaws, which has been included in the second volume of China Maritime Law, is one of the most dissertated papers in China. The author absorbs some foreign research results, from theory