Study On Novcc Law Supervision

It is now a common sense in the circle of Ocean Carriage to enhance the legislation and supervision of NVOCC, and thus to ensure China's Ocean Carriage Market running in a sound order. However, till now, a unified understanding hasn't been reached of some basic problems concerning legislation of NVOCC supervision, meanwhile, of the interrelated relations between policy and administration of China's International Ocean Carriage and foreign trade transportation agent, especially of how to deal with the relations among fairness, order and benefit as well as relations between government and market. This is actually the writing purpose of this thesis.It is intended to explore the way to get the supervision of NVOCC out of dilemma, from such perspectives as the general law principle that the NVOCC supervision law follows, relations between administrative licensing and law supervision, the supervision of NVOCC market access and market order, as well as the perfection of supervision system.Due to the possible situation that government does not work and the leading status that government takes in the supervision of NVOCC, if we want to realize the ideal state of NVOCC supervision, we must deal with the relations between the government and market correctly, define the government's supervision power rationally in accordance with the law, standardize the government's supervision behavior, and define the government's supervision responsibility in a specific way. Instead of entering the market directly, the government should design a series of rules for NVOCC management, discover problems in time through checking and supervising, and then, take effective measures to correct, ultimately, lead it to accord with the goal of supervising. These rules should include the technical rule related to the bill of lading of the concrete business and freight rate management, along with the distribution rule of functions and powers related to relevant trade administrative departments. In addition, through guiding the administration of the profession's organization, government acts onenterprises indirectly, which is also an important composition of the regulatory system.The confirmation of these regulations will still unavoidably draw lessons from international legislation, supervision rule and mode. To be objective, this is a problem related to the field of ocean carriage administrative law, ocean carriage economics, ocean carriage policy, legislating etc. Meanwhile, the institutional improvement of modern government governed by law and administrative licensing offers concrete theory support for solving this difficult problem.