The Research On The Legal Status Of The Operator Of Transport Terminal

China port stood rapid economic development, Tianjin,Dalian,Shanghai,Ningbo,Kaohsiung,Hong Kong have become world rankings to the forefront of the harbor and contribute to the economic growth of our country and even the world in recent years. The harbour is playing more and more important role in speeding up the development of the national economy. However, there is something inappropriate in the development of the present law environment about the harbour. Although《Harbour Act》has been enforced, it only adjusts the longitudinal administrative law relationship of the harbour. It can't regulate the transverse civil law relationship of the port. Whether the civil legal problem of the harbour being solved by the transportation law or the common civil law is still an urgent issue to be answered.The legal status of the Operator of Transport Terminals is the basis of solving the harbour civil legal relationship. According to the actual situation of the Operator of Transport Terminals in our country, it has very important theory and practical meaning to study the legal status of the Operator of Transport Terminals. This article is just for trying to explore this aspect.This paper tries to do the research of this aspect, by historical materialist point of view to analyze the origin of the legal status of port and legal problems. Both wrong the legal status of the existing overall and also don't cover existing problems which will damage future health of port. Through the analysis for port, take the essence, for our port healthy and rapid development in the same time provide practical advice.Chapter One introduces the definition of the Operator of Transport Terminals, including international convention, common law and domestic law,especially analyses the the scope of the Operator of Transport Terminals in our country.Chapter Two analyses the legislation of legal status of the Operator of TransportTerminals and illustrates the viewpoints about the practical legal status for the legal status of the Operator of Transport Terminals, after a serial of research, this thesis approves the viewpoint that the Operator of Transport Terminals as Independent Contractor.Chapter Three is mainly about the legislation suggestion on the legal status of the Operator of Transport Terminals, and put forwards the idea that the Operator of Transport Terminals as Maritime Performing Party in "Rotterdam rules" and those are not adjusted by the shipping law, which is adjusted by "Harbour Law" which is defined by Independent Contractor.