On The Legal Problems Of The Freight Forwarder

The term "国际货运代理人" is translated from the English words "freight forwarder", and in a practical sense, is beyond the provisions in the agency law. Historically speaking, the freight forwarder appeared late but has experienced a fast growing in China. With the deepening opening to the world of the ocean shipping services and rapidly growing international trade in China, the freight forwarder has been playing an increasing important role in China. However, due to its multiple payment means, controversial house bills of lading issued under L/C and simple contractual provisions, there has been great controversy regarding the definition and legal status of the freight forwarder.By reviewing the legal system of the freight forwarder, it would enable the fright forwarder and the interested party(ies) to recognize their own rights and duties, avoid disputes and, furthermore promote the development of the ocean shipping services. The key to the legal issue regarding legal status is how to distinguish between the agent and the principal, the role the freight forwarder plays when conducting the business. This paper, by analyzing the different role the forwarder plays, puts forwarder the criteria to distinguish the legal roles the forwarder plays, tries to solve legal problems occur in its business activities and provides suggestions to meet the requirements faced by the government after China's entry to the World Trade Organization.