The Problems' Studying Of NVOCC From The Law Perspective

Regulations of the People's Republic of China on International Maritime Transportation (hereinafter referred to as the Maritime Transportation Regulations) promulgated on 2001, at the time of promulgating , the Regulation did not clearly define the concept of Non-vessel operating common carriers (NVOCC), but it clarified in details for the NVOCC from the position in law ,the operating limitations and the conditions of entry ,since that, the NVOCC was segregated from the tradtional shipping service and formed an independent system from the perspective of the national legal system. However, there are some considerations for the NVOCC combined with the traditional forwarding service and the judicatory in the real practice, the most significant problems which considered by people are the NVOCC's position in law, the delivery of goods without original B/L (bill of lading) and the security deposit system of NVOCC. This article was accomplished through analysis those considerations combined with Maritime Transportation Regulations and so on .This article was divided into three chapters.The first chapter focus on the characteristics of the NVOCC and the way of drawing its definition . The NVOCC used to be a field of traditional shipping service, such as the freight agency, so the way of developing of NVOCC is strongly influenced by the background and the development of the traditional shipping service, through comparing the differences and the conflicts which existed between them, the concept of NVOCC was formed.The second chapter discussed the classification of the security deposit system of NVOCC from the perspective of general administration. Concerning the rights of executing the security deposit system, the article asserts those rights should be reserved by the court in case of necessary, such as the rights of destributing the deposit under the situation of bankruptcy, this chapter also discussed the necessaries of the registering of the B/L, and the validity of the contract in case of non-registered.The thrid chapter carried out from the liabilities for tort of NVOCC under the situations of delivering goods without the original B/L, illustrating the differant levelsof liabilities could be taken in the different cases, such as the liability formed by the NVOCC under the situation of invalid B/L. At last, this chapter briefly comment the level of liabilities that could be assumed by the real carrier and the NVOCC, as well as the policies that against the delivery goods without original B/L for the NVOCC.The problems related to the NVOCC are still discussing and studying by people in both theory and practice, specially in the areas of the general administration and the liability for tort. Because the problems related to the NVOCC are actually existing and the ways of solving are vary, the recommendations are given for the particular problem in each chapter through the whole article, the more discussing and studying of NVOCC by people, the greater benefits will contributes to the maritime field for our country.