Study On Basic Legal Issues Of Non-vessel Operating Carrier

In recent years, with the vigorous development of China's container shipping and international vessel operation, the team of NVOC (Non-vessel Operating Carrier) has been growing and present as an indispensable part in China's international cargo transportation market. The Regulations of the People's Republic of China on International Maritime Transportation, officially implemented since Jan. 1st, 2002, first put forward the concept of NVOC business, with the relevant B/L registration system, deposit system and so on, arousing a broad attention and heated discussion between the public opinion and the shipping industry. On Jan. 20th, 2003, Implementing Rules of the Regulations of the People's Republic of China on International Maritime Transportation was issued by Ministry of Transportation on the basis of the Regulations on International Maritime Transportation. The rules give further regulations on the business and supervision of NVOC and make it more operable. Nevertheless, there are still controversies on the legal status, natures and effects of B/L signed by the NVOC and Right of Control and Lien of Marine Cargo in the theoretical and practice circles. So it is quite necessary to study on the basic legal issues of NVOC.There are five chapters in this article except Preface and Conclusion. Each will be summarized as following:Chapter one, appearance, development, operational procedure and running scope of NVOC are introduced firstly from China and foreign countries. Then the author concludes the concept and the features of NVOC.Chapter two, the author confirms the legal status of NVOC at first. Then the author compares NVOC and other relevant civil subject, such as the practical carrier, the consignor, the international cargo agent, the multimodal transport operator and so on. The author agrees with the status of NVOC as carrier.Chapter three, the author discusses the natures of Ocean B/L and House B/L. The author agrees with the opinion that House B/L only possesses creditor's right. Then the author discusses"Release of Cargo Without Bill of NVOC".Chapter four, the author discusses the Concept, the natures and the exertion of"Right of control and Lien of Marine Cargo"in NVOC Business.Chapter five, the author discusses"limitation of liability for maritime compensation". The author considers that this situation that NVOC can only enjoy Package limitation of liability rather than limitation of liability for maritime compensation is unfair because NVOC is lack of ability to take on risk and would harm the development of judicial practice.This article presents his dissent and elaborates his own opinions on the development of NVOC in China. The final intention is to promote better combination of laws and shipping practice. It is my honor to make better for our country's shipping judicial practice.