Study On The Legal Problems Of Nvocc

This dissertation studies on the legal problems of NVOCC,including the history of NVOCC,the relationship between NVOCC and International Freight Forwarder,the rights and liabilities of the NVOCC;the problems arising from or in connection with the House B/L and liability insurance.This dissertation points out the problems existing in the supervision of NVOCC in China and proposes the possible ways to improve the supervision system of NVOCC in the future.NVOCC arouse under modern transportation and divided from International Fright Forwarder instead of common cartier.It is significantly both theoretically and practically to explore and study ttie legal system of NVOCC.The legal system of NVOCC may embody the safety of business and help to maintain the equity of parties concerned.It also helps to accelerate the development of maritime transportation.In the present,most of the states haven't established the legal system of NVOCC yet;NVOCC belongs to the category of International Freight Forwarder.This dissertation studies different legal systems and put forward some proposals on how to distinguish NVOCC and International Freight Forwarder in judicial practice in China.NVOCC retains dual legal status,the status of cattier which has been admitted by international law and domestic law.However,by comparing with common cartier,NVOCC has its own features.According to Maritime Code of the People's Republic of China,under the relationship between NVOCC and common cartier,the former is a shipper and the latter is a cartier.Therefore,the problem which must be solved is how to exercise the rights and fulfill the obligations of NVOCC.NVOCC may issue B/L,namely House Bill of Lading.This is an important difference from International Freight Forwarder.By comparison with ocean B/L,House B/L has its own feature.In practice,a lot of lawsuits stem from House B/L.This dissertation studies the nature and legal efficiency of House B/L,while analyzing some specific lawsuits involving House B/L.According to Article 8 of the International Maritime Regulations of The People's Republic of China(hereinafter referred to as IMR),The party applying to operate as NVOCC must pay a security deposit of 800000rmb to the bank named by the Ministry of Transport of the.People's Republic of China.This stipulation provoked controversies at the beginning.The way out is to utilize the regime of liability insurance.A great attention has been paid in the circles of maritime industries.Furthermore,to improve the system liability insurance is a general trend in the future.The key problems are how to enact the nature and category and types of insurance.This dissertation analyses the theory of liability insurance and the problems and ways of Chinese liability insurance.Only a few states,such as China and the USA have established the legal systems of NVOCC.Whether or not there is a need of the legal system of NVOCC arising many controversies.This dissertation compares the mode of China and the USA and the mode of FLATA,believing the legal system of NVOCC fits the conditions of China;the key problem is how to improve the legal system of NVOCC.The dissertation gives some suggestions on how to improve the legal system of NVOCC,including the transformation of third-party logistics and improving the service arrangements of NVOCC.By using case analyzing,comparison analyzing and history analyzing, this dissertation tries to give a compressive evolution of NVOCC. Convention on the Carriage of Goods Wholly or Partly by Sea enacts maritime performance parities,which gives legal statue of NVOCC. Therefore,the establishment of legal system of NVOCC fits the trends of international legislation and has progressive Significance.Though China meets a lot of problems in the development of NVOCC,by strengthening the supervision of NVOCC and improving the legislation,the business of NVOVV will have a further development in the future.