| The U.S. National Marine Transportation System (MTS), whose economic and security value contributes greatly to the nation's global hegemony status, is one of the most advanced maritime systems of the world. The great achievements of the nation's shipping industry are largely due to her experiences of shipping legislation of about a century's history.In international shipping world, U.S. shipping legislation is a representation of statute law. It presents a distinct process of evolution, and has an integrated system. Her evolution of shipping legislation recorded her every attempt in the shipping history, which supplies us with precious experience and moral whether it is successful or not, and it becomes a valuable reference to our legislation. Therefore, here comes this paper, whose purpose is to provide Chinese shipping legislation practices with suggests and references, on the basis of such study.Chapter I of this paper firstly introduces the advancement of U.S MTS in aspects of economy and security, and then briefly discusses the status quo of ours. After that, I set forth the effect that shipping legislations take on the system, and their importance to the countries' benefits. Then I put forward the significance of the study of this subject.In Chapter II, I narrate the U.S. main shipping legislations in each period and their process of evolution in clue of time. I introduce the origin, contents and consequences of each of them.In Chapter III, I present the main actual shipping legislations of the U.S, analyze their effects on the nation's construction and development, and study their impact on our nation as well.Chapter IV splits the legislations into two parts with several systems according to their purposes, and evaluates every primary policy in the U.S shipping history.The U.S. shipping legislation is composed of two parts, one is to support the merchant marine, and the other is to regulate the shipping market. The central legislation of the first part is the Merchant Marine Act of 1936, with the supplementary of Merchant Marine Act of 1920 and 1928, Cargo Preference Act of 1954 and other policies. This part shows us U.S.'s decision to fully and thoroughly support her merchant marine. Shipping Act of 1916 and Shipping Act of 1984 are leading acts in shipping market regulation, with supplementary of Controlled Carrier Act of 1978, Foreign Shipping Practice Act of 1988 and other types of legislation. The spirit in this part is that the U.S. protects her domestic operators while confines any foreigners. *?In the aspect of supporting merchant marine, the U.S. experienced a process from "little support" to "full support", and at last to "full and thorough support". The U.S. has adopted policies of Construction Differential Subsidy, Operating Differential Subsidy, cabotage reservation, cargo reservation, preferential taxes,and financing bond by the government, and many other forms.In the aspect of market regulating, the U.S. experienced a process from "little regulation" to "regulation", and then from "regulation" to "intensify regulation" and nowadays comes to the decision of "deregulation". The U.S. government has carried out the regulation by means of: supervising tariffs and service contracts, supervising liner conferences and other organizations formed by agreements (including antitrust and its exemptions), supervising the acts of foreign operators especially those of controlled carriers, supervising shipping policy of foreign countries, administering the operators of the shipping industry and other related industries, and establishing maritime administration machine.Via the assessment of the aforesaid measures and institutions, Chapter V of this paper brings forward my view of point that if we wish to change the situation of our shipping industry, we should establish consummate system of market administration, and attach great importance to supporting our merchant marine. We should work out our Shipping Act, Me... |
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