Legal Research Of The Non-vessel Operation Common Carrier

Non-vessel operation common carrier (hereafter refers to NVOCC) has been developing in foreign countries for many years. With its emergence in China for ten years, there is no relevant laws to regulate. There is the stipulations, for the first time, in the newly-issued "Maritime regulations of the People's Republic of China", arising the legal definition of NVOCC. With the further opening up of our maritime market, the number of NVOCC will keep increasing. Thus the corresponding lawful disputes are inevitable. But nowadays the relevant legal stipulations are not perfect without specific definition to the rights and obligations undertaken by NVOCC and its partners. Therefore, the article, based on my practical experience, determine all parties' rights and obligations as well as their legal responsibilities in maritime activities in NVOCC operation by the analysis of basic concept, legal status, B/L's character and the legal relationship of relevant parties, as well as put forward my opinions concerning legal problems of NVOCC.NVOCC refers to those who do not own or operate vessels, but deal with international marine cargo transportation, issue B/L, collect freight, undertake corresponding legal responsibilities in its own name, He, likes international freight forwarders, belongs to marine intermediary. But they have obviously distinction legally. The maritime activities operated by NVOCC mainly involves shipper, NVOCC and factual carrier with different legal relationship among them. There is shipper-carrier relationship between shippers and NVOCCs. NVOCC issues B/L of its own to shipper, showing the receipt and occupancy of the shipment. Meanwhile NVOCC, in accordance with Maritime Law of PRC, enjoys the rights of being a carrier, and undertake the corresponding obligations and legal responsibilities. While the B/L in the hand of shipper demonstrates the property right. B/L holders can claim the ownership of the shipment based of the B/L. Another new shipper-carrier relationship exists between NVOCC and factual carrier. NVOCC completes the shipment through factual carrier. The latter issues B/L to the former, transferring the possession of the cargo. At this time, the property of the B/L held by the NVOCC identifies the possession of the cargo. NVOCC, as the shipper, doesn't have the ownership of the cargo, but can claim the possession based on the B/L. There is no transportation contractual relationship between actual carrier and shipper, but because all the shipments of shipper are under factual carrier, when cargoes are destroyed, shipper can ask for compensation based of the ownership. While factual carrier, in addition to undertaking corresponding legal responsibilities, has the right to detain the cargo owned by the shipper for the outstanding debts owed by NVOCC.This article, besides the analysis of above-mentioned questions, put forward the suggestions to further perfect the regulation of NVOCC, such as registration of B/L, effectiveness of deposit and so on, and make in-depth research of lawmaking of B/L in the future and carrier's detention, as well as suggest defining legal problems of NVOCC when make amendment to Maritime Law.