Legal Issues On Non-vessel Operating Service

With the development of the international transportation containerize transportation, the status and importance of NVOCC (Non-vessel operation common carrier) are increasing. In the 2002, the issued" the Maritime regulations of the People' the Republic of China", arises the legal definition of NVOCC for the first time. However , have raised many disputes since NVOCC came into being. So, based on Chinese law, through using foreign laws for reference, and regulations and case analysis, and also this article probes into these issues and gives the writer's own viewpoints on them.There are six chapters in this paper in which the following contents as the definition of NVOCC and non-vessel operating service, the legal status of NVOCC, NVOCC's liability ,the problems occurred in non-vessel operating service, some issues relating to the "Regulations of PRC for International Maritime Transportation" and the prospect of non-vessel operating service in China are discussed.In the second chapter, the author's viewpoint is that the NVOCC owns both the status as the carrier and shipper while at the same time, he has his own limited character. Besides that viewpoint, the relationship between NVOCC and cargo agent in the shipping service is also compared.In the third chapter, the author introduces that the NVOCC's liability, and analysis the problem that if NVOCC can have the right to limit their responsibilities. In the fourth chapter, the article discusses the issuing and the nature of House B/L. especially identifies it as document of title. Meanwhile, the writer figures out that the House B/L issued by unqualified NVOCC is also valid in civil aspect through case study and the analysis of Contract Law , and the problem of the right of the foreign NVOCC to issue B/L.In the fifth chapter , from the perspective of the theory study on the qualifications , writer points of lien and the comprehension of the word "possession", the out that NVOCC is entitled to lien through indirect possession of the cargo .In the sixth, then discusses the security deposit system of the NVOCC, at the same time, introduces and analysis the responsibilities insurance of the NVOCC. Concerning the overlapping of non-vessel-operating service stipulated in the Regulation of the PRC on International Maritime Transportation and independent operator service stipulated in the Regulations of the PRC on the Management of international Freight Forwarder, the writer emphasizes the necessity to harmonize the right to administrate between relevant authorities, and gives some advises.