Exploration Of Dual Liability System Of NVOCC

Non-vessel operating common carrier (NVOCC) is the product of freight forwarder development, but once it comes out, the legal status of it is different from the one of freight forwarder. NVOCC is looked upon as a carrier in House Bill of Lading (B/L) while as a shipper in Ocean B/L, which decides that it should undertake dual legal liabilities. After Ordinance of International Shipping(hereinafter referred as OIS) became effective on January 1~st,2002, the administrative system of NVOCC was established for the first time in China, which changes confused situation of NVOCC, but the burning question is that the legal status and legal liabilities of NVOCC aren't ruled in our laws which easily results in issues. According to OIS, Maritime law and other relative regulations, and combined with the practice of NVOCC, this article probes into the dual legal liabilities of NVOCC when it is as a carrier and as a shipper. In the article the writer will make some suggestions about legislation which will be conductive to the development of legal system of NVOCC.The article is composed of five parts. The foreword mainly introduces the outcome and development background of NVOCC, from which the topic of the dual legal liabilities of NVOCC is raised. Chapter I summarizes the system of NVOCC and does basic research of NVOCC's legal problems, including the concept, character, legal status of NVOCC and how to identify NVOCC. Chapter II analyzes the liability system of NVOCC as a carrier .including criterion of liability, exemptions of liability, period of liability, limitation of liability, and bearing liability of NVOCC ^specially expounds weather NVOCC enjoys the unit limitation or limitation of liability for maritime claims, and how to divide the liabilities between NVOCC and actual carrier, as well as the special way for NVOCC to undertake liabilities such as system of guaranty bond and liability insurance, from which I raises my own opinions . Chapter HI analyzes the liability system of NVOCC as a shipper, including obligations and liabilities of NVOCC, and how to divide the liabilities between NVOCC and actual carrier. According to detailed analyzing to the payment of freight of NVOCC under different situations and the way of actual carrier to protect its legal rights, the chapter makes clear theliabilities of NVOCC and the way to solve the disputes on freight. At last the article draws a conclusion and I propose that it is import to establish the liability system of NVOCC in China and some suspects of legislation need to be improved on.The comparative study and demonstration analysis method is adopted in this article. When it discusses the legal status and liability system of NVOCC, the article not only compares the diversity among NVOCC and other parties concerned in legal system, but also the difference between legislation nowadays and before. When it expounds the liabilities of NVOCC as a shipper, the article analyzes the cases in different nations to make clear the obligation and liability of NVOCC to pay freight charges and the use of legislation in judicial practice.