| Marine is not only a bridge of intemational trade,but also an important vocation of a nation.The marine,while promoting the development of oneself through the development of intemational trade, its competition is unprecedented fury too.In order to face the competition, on the current market of intemational transportation,the united organization between a large number of ship companies exists.These united organizations are mainly shown as two kinds of forms,which are shipping alliances and Liner Conference.Their union behavior has repelled the market competition unreasonably,and abused their privilege or advantage status,caused it to the competition and damage of public interests.So it needs to adjust it through the system of maintaining the fair play order.But because the marine has special importance to various countries'economic trade development,various countries follow more protective policies. There is only UNCTAD (United Nationals Conference on Trade and Development) "Regulations of Liner Conference of UN" made on aspect of international law. Employer's organization's strong force make in the field maintaining fair play take the special system. The existence of the guid make the "Regulation" holds a definite attitude, improve from the composition of the liner ship society of two respects, in order to reduce it against competition result. Other parts with behavioral monopoly and monopoly of the market of international ocean shipping, majority are adjusted through the domestic laws of various countries. A lot of countries and regions are in developing practice of the marine, for improving the legal system of the competition of transporting by sea progressively. U.S.A., European Union etc comparatively construct improving, scientific system in transporting by sea and competing for entity and procedure, possessed abundant administration of justice and administrative experience at the same time. The competition law of European Union is based on the 85th, 86th of "Rome Treaty". Adopt a series of regulations, resolve and the legal precedent is suitable for it specifically in the field of international ocean shipping, form the competition law part of the " transporting the policy by sea together " of European Union. U.S.A. antimonopoly law mainly including " 1984 shipping law " and " whether shipping reform law 1998 " in shipping. Shipping law of U.S.A., stipulate liner ship can discuss and decide the freight rate between the operator, conclude it against the competition agreement, but the federal maritime affairs committee (FMC) has the right to determine whether he exempts in the antimonopoly law. Compared with other countries, China is very weak in this respect. On one hand not issue " the antimonopoly law " yet, on the other hand not even have antitrust legal provisions organized in complete shipping. Only there are " law against competition by inappropriate means " and " regulations of international ocean shipping " can adjust the laws and regulations of transporting the competition by sea. This is obviously not enough to set up and improve the regular system of market competition of China's shipping. And in recent years, the international shipping monoply transports the destruction of the competition order by sea to grow in intensity to our country normally, have destroyed customs and usages of international trade and liner ship transportation order seriously. China transports market by sea and needs laws and regulations adjusting and structure badly. Need to combine the characteristic of our country, use international advanced experience for reference, set up and amplify our country's own sea transport and monopolize the behavioral structure system, promote the sound development of the shipping economy of our country.
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