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

As an operating entity that offer service to sea transportation, the legal status of port operator is much complex, which is also a hotspot and a difficult problem. Researching on this problem depends on its academic value and practical benefit. By means of doing comparative studies and positive research on cases or other files, we find that there are two types of the port operator's legal status, which is independent contractor and maritime performing party. Furthermore, if we want to gain the scientific conclusion, we must assist on the principal of analyzing along with the single case, besides, we should analyze all the factors that may influence on the port operator's legal status. So this can avoid the policy of procrustean bed that may bring simple treatment, which is useful for theory and practice. The whole article is divided into five parts:Chapter one firstly introduces the definition of the operator of transport terminals, then introduces the scope of the operator of transport terminals, especially analyzes several kinds of typical transport terminal operators, which is the base of the future research.Chapter two firstly analyzes some kinds of theories and doctrines of the legal status of the operator of transport terminals in our country, then introduces the typical cases on the legal status of the operator of transport terminals which happened in our country recently. These introductions clearly define the current situation of the legal status of the transport terminals of China.Chapter three analyzes the legislation of legal status of the operator of transport terminals, including international convention, common law and legislations of other countries, especially compares different legislations of England and the United States, which lays the root for the next chapter.Chapter four analyzes all the factors that may influence the legal status of the operator of transport terminals,especially analyzes the performances and ways of these influences on the legal status of the operator of transport terminals, in which way can avoid the policy of procrustean bed that may bring simple treatment.Chapter five draws the conclusion that how to differentiate the legal status of transport terminals scientifically, that is in the ordinary course of events, we can define the transport terminals as maritime performing party. While in some special situations we can define the transport terminals as independent contractor, which may supply a useful effort not only for juridical practice but also for port development.