Research On The Margin Regime Of Non-vessel Operation Carrier

The21st century is considered as the century of ocean. Many countries have paid more and more attention to the sea. The maritime industry is the oldest and the most common way for human to utilize the ocean. One country can use the industry to develop her international trade, and to realize her aim to the foreign policies. With the maritime industry developing so fast, and the fat profits, more and more merchants joined in the industry. The form of the carriers has been changed. Non-vessel operation carrier is the new form.However, the non-vessel operation carrier (hereinafter referred to as "NVOC") neither has ships nor operates ships, which can be a potential destructor to the market order. In order to avoid the possible huge loss of breaking the contract caused by the NVOC, the United States enacted the first margin regime for the NVOC in the world, including other regime that can replace it. Boasting an extremely long coastline, China’s maritime industry develops prosperously. For supervising the behavior of the NVOC, the regulation on international ocean shipping of PRC coming into effect in January1st,2002has also established the margin regime.The implement of NVOC margin regime in China does have some positive effect on monitoring NVOC’s business, preventing the maritime fraud, and protecting shippers’right. Nevertheless, there are also some drawbacks needing improved. Both scholars and professionals consider we should perfect the NVOC margin regime. The paper will discuss the current situation of NOVC margin regime, the shortcoming of the regime, and then introduce the similar regime in the US. Finally, the author gives several suggestions to modify the margin regime. The suggestions can be divided into two parts. One part is how to improve the current NVOC margin regime. The other part is establishing other alternatives, including improving the margin liability insurance which is came into effect recently, and found the NVOC liability insurance.In this paper, the author not only introduces the NVOC margin regime, but also proposes some suggestions on it. The paper shows great practical significance and utility value on perfecting the NVOC market access mechanism, preventing the maritime fraud, protecting the right of NVOCs and shippers, etc. In addition, the author classified the concept of NVOC into the right department law, and elaborated the legal nature of NVOC margin regime. Therefore, the author believes NVOC margin regime is a concept in economic law. Based on this view, it is helpful to distinguish economic law and other department law; it shows how important to use economic law to adjust social relations in other department law; and it has great significance on consummating the theoretical framework of economic law.The research methods the author adopted including literature research and historical comparative method. The author has compared the margin regime between China and the US through reading a lot of papers from both domestic and abroad. The author recognized the big gap in the researching field of NVOC margin regime between China and other developed country. The number of paper aimed to study the NVOC margin regime is quite few, and scholars should pay more attention to this particular area. The author also hopes this paper could help expertise and professionals study this theme, and believes the regime of NVOC margin will be perfected in the future with the further development of maritime industry and the thorough research in margin regime.Because the limited capacity of the author, it is inevitable that some drawbacks and mistakes are found in this paper. Regarding to the NVOC margin regime in the US, it could not provide a thorough analysis according to the limited material. Regarding to the part of improving China’s NVOC margin regime, the argument might not be comprehensive and it is needed to improve. Please do not hesitate to propose your suggestions on this paper.