The Research On The Legal Status Of The Operator Of Transport Terminal

The harbour is playing more and more important role in speeding up the development of the national economy. However, there is something inappropriate in the development of the present law environment about the harbour.Although Harbour Act has been is enforced,it only adjusts the longitudinal administrative law relationship of the harbour. It can't regulate the transverse civil law relationship of the port. Whether the civil legal problem of the harbour being solved by the transportation law or the common civil law is still an urgent issue to be answered. The legal status of the operator of Transport Terminals is the basis of solving the harbor civil legal relationship. According to the actual situation of the operator of Transport Terminals in our country, it has very important theory and practical meanings to study the legal status of the operator of Transport Terminals. This article is just for trying to explore this aspect.Chapter One introduces the definition of the operator of Transport Terminals, especially analyses the the scope of the operator of Transport Terminals in our country.Chapter Two analyses the legislation of legal status of the operator of Transport Terminals,including internantional convention ,common law and demestic law.Chapter three illustrates the viewpoints about the praetieal legal status for the legal status of the operator of Transport Terminals,after a serial of research,this thesis approves the viewpoint that the operator of Transport Terminals as independent contractor and put forwards the idea that the operator of Transport Terminals as maritime performing party is adjusted by the shipping law.Chapter four is mainly about the legislation suggestion on the legal status of the operator of Transport Terminals, which is adjusted by both CMC and harbour law.