The Research On Legal Problems Of Shipbrokers

With the gradual improvement and perfection of China's shipping market, shipbroking business catches an extremely terrific developing opportunity; meanwhile, shipbrokers play a more and more important role in the shipping market. All objective conditions above provide the firsthand materials for the research on shipbrokers' legal system and relevant legislations. However, in present situations, China's theoretical research on shipbrokers is far behind from practice, still not satisfying the needs of the market. Also, relevant laws and regulations remain to be improved. Based on China's current situations, this thesis proposes an initial consideration for China's shipbrokers' legal system by analyzing the regulations and cases in common law and in civil law, and by referencing advanced experience of other intermediary business.This thesis is composed of five chapters except the preface and conclusion.Chapter I summarizes the definition, origin, evolution, current situation, and classifications of shipbrokers, in order that readers may have a comprehensive understanding and general view of shipbrokers.Chapter II probes the civil legal position of shipbrokers. The thesis defines shipbrokers as intermediary based on comparing the regulations and cases in common law and in civil law.Chapter III discusses the rights and obligations of shipbrokers. As intermediary, shipbrokers should abide by both fundamental and specific regulations in Chinese Contract Law.Chapter IV makes a research on the common legal disputes of shipbrokers by citing typical cases.Chapter V proposes suggestions and advices for improvement and perfection of China's shipbrokers' legal system based on the contents of four chapters above, from the angles of legislation, market-entry, industry self-control, compulsory profession liability insurance and supervision respectively.