A Study On The Legal Risks And Prevention Measures Of International Freight Forwarder

For the term International Freight Forwarder, we do not feel strange, but it is an emerging industry with a rapid development after reform and opening-up. At first, the freight forwarder only has the status as agent. Soon, after the emergence of container transport and containerization of worldwide on carriage of goods, the freight forwarder gradually has the status as none vessel operating common carriers, multimodal transport operators and international aviation transport operators. Although it is able to engage in a wider business scope and earn more profit after the conversion of identify, accompanied by high profits, high-risk is permanent law in business world.The international freight forwarder must undertake the carrier's responsibility and risks when it more and more has the status of carrier in business. Because the development of the freight forwarder as a carrier at present is not perfect, it has to face a series of internal and external legal risks in business. Therefore, in order to reduce operating costs, and then maximize profits, the freight forwarder must analyze the legal risks systematically and targeted do a good job on risk prevention. Using empirical methods, in this paper, the author analyzes the main legal risks on the basis of the current situation of the freight forwarder while it has the status of carrier, and then put forward specific measures targeted to guard against risks, so that the freight forwarder is likely to benefit much.This paper is divided into three parts.The first part elaborates the conception and simply introduces the basic legal relationship of the freight forwarder. Through the analysis of its definition, we can see that the freight forwarder nowadays has broken the connotations of the traditional freight forwarder, that is to say, the freight forwarder nowadays not only has status of agent, but also has the status of carrier. In the basic contractual relationship it involved, it contains the contractual relationship of agent and contractual relationship of carriage.The second part detailed analyzes the main legal risks of the freight forwarder industry through empirical cases. At first, the author analyzes the legal risks of documents, and then indicates that the legal risks of documents focus on the documents' drawing-up, management and releasing goods without bill of lading. Then the author interprets the legal risks of goods and elaborates the definition of the damage and delay of the goods, and then analyzes the legal risks of the damage and delay from the practice. Finally, the author analyzes the legal risks of the application of the law, and indicates that the legal risks of the application of the law focus on the selection of law.The third part is about putting forward some prevention measures of the legal risks of the freight forwarder. At first, the author brings forward the prevention measures of the freight forwarder on the document's legal risks. In order to avoid such risks, the freight forwarder must strengthen the measures on the management and application of the documents. Then the author detailed introduces the legal prevention measures on the goods. Besides diligence and responsibility, the freight forwarder must be familiar with the relevant formulation of the carrier's limitation liability on quota in accordance with the relevant international convention and the relevant domestic law, so that the freight forwarder can invoke the international convention and domestic law to protect their rights and interests. Finally, the author gives some advice to the freight forwarder on guard against the risks of the application of the law.