Research On Legal Issuses About Anti-unfair Competition In Shipping Market Of Our Country

A scientific and perfect legal system applying to shipping market underlied with shipping anti-unfair competition law is of significance to ensure the sound and orderly development of the shipping industry. However, shipping anti-unfair competition law of China is not perfect, and few scholars have studied the subject yet. Because of the deficiencies of corresponding law, the unfair competition acts in shipping market can not be effectively regulated. This situation harms the healthy development of the shipping industry.Considering the characteristics of the shipping industry, this thesis makes empirical analysis about the phenomenon of "zero freight ","freight negative" appeared on the Sino-Japanese routes. By studying the shipping anti-unfair competition legislation of the United States and the legislative status quo in China, it provides specific and targeted proposals to establish relative rules and regulation in the country. The thesis consists of five parts:Chapter 1 is about the basic theory research of shipping unfair competition. It indicates the concept of shipping unfair competition and the specific types of such acts. It also analyzes the special nature and cause of shipping unfair competition, in addition, the necessity of regulation for such acts.chapter 2 makes the "zero freight", "freight negative" phenomenon as the research object, and makes empirical analysis about unfair competition acts in shipping market in our country .This chapter mainly conducts deep discussions on the background of "zero freight"," freight negative" phenomenon and the issues reflected and puts forward the preliminary solutions.Chapter 3 analyzes the advantages of the shipping anti-unfair competition legislation of the United States by studying its relative specific systems and the rules in order to improve our country's shipping anti-unfair competition legislation. Chapter 4 is about legislative status quo and defects of shipping anti-unfair competition in China. Current legislation is relatively stagnant, and lacks of strong enforcement and supervision mechanisms. What's more, specific systems can not operate well .All these reasons affect the effective regulation on unfair competition acts in the shipping market.Chapter 5 is about scheme of perfecting shipping anti-unfair competition legislation of our country. It sets forth some detailed and concrete suggestions on perfecting Chinese shipping anti-unfair competition legislation and regulatory system in the establishment of shipping anti-unfair competition legal system as well as the improvement of the specific system.