Port Operators, The Legal System To Study

Port, as a connecting point of transportation, shows more and more important in transporting market, however, disregarding the issue of Port Law in 2003, the law and rules related to port is not perfect enough, especially as the civil law referring to the port operator. But this phenomenon does not mean that the law concerning the civil issues of port operator is not as important as other legal body. On contrast, with more and more disputes of port business appears, the problem concerning the civil law relating to the port operator draw many legal workers, researchers as well as business men's wide concern, due to this case, the author think it is necessary to make a deep research on the law and rules about the port operator.The first chapter mainly discusses the definition and operatering range of port operator, focusing on whether discharging company is part of port operator according to the existing of "Hemalaya" clause. Based on this, the author analyses the law status of port operator in that this issue is the main dispute among the legal researchers. After a serial of research, the author put forward his own point-the port operator should be regarded as the independent contractor rather than the employee or agent of carrier. The administrative rules on port operator is the major issue discussing in chapter two. The author pays more attention to the market permitting rule than the safety rule and operating rule. As it is the administrative rules, the author focuses on how to properly understand and apply these rules.The third chapter is of the most importance part in this thesis, mainly argues the issue of responsibility of port operator. For this issue is the focusing dispute on civil legal problems at all times. Using the comparing method, the author tends to explain this issue completely and clearly.In the end, the author puts out some suggestion in case that our legislative department is to stipulate law and rules on the civil affair of port operator.