Research On Legal Regulation Of Non-vessel Operating Common Carrier Market Access

Legal system of Non-vessel Operating Common Carrier market access is for the both of the State and Government of the NVOCC market starting Management, but also forthe beginning of non-vessel operating common carriers'management, the basis of a series of follow-up management measures implemented.It reflects the value of the Shipping Act in order, efficiency, requirements, through appropriate control the number, thesize, thestructure of NVOCC, to achieve a balanced relationship between market supply and demand and interests of the various subjects, reduce transaction costs, to protect the marine market trading credit and promote the healthy development of the purpose of the shipping market. Along with China's accession to WTO, the rapid growth of international trade, NVOCC in the international shipping business, is playing an increasingly important role.Perfect NVOCC market access legal system, is both to adequately protect our goods'interest, to avoid risk of trade friction, but also to protect thehealthy development of NVOCC. To promote competition in the shipping market and orderly to avoid a monopoly of the market, have a practical significance. With the expansion of China NVOCC scale, the legal system of China's NVOCC market access reflects the serious lag, therefore the research has the necessity and urgency.In China, NVOCC simultaneously bound by four laws, regulations, rules, namely the State Council issued the " international maritime regulations," "Rules of international maritime regulations " issued by the Ministry of Transport, the Ministry of Commerce issued the " International Freight Forwarding Industry Measures " and " international freight forwarding industry management practices implementation details.At present, there is no specialized research works of the NVOCC market access, mainly in academic papers and research reports based scholars mostly in relation to an article or study several aspects of the system which has not yet formed a comprehensive understanding of the system, it can be said research in its infancy. In further, most research articles based on some aspect of a multi-only NVOCC market access, such as the nature of the deposit system, liability insurance, the surface analysis forthe NVOCC's legal status orthe nature of the bill of lading, demonstration basis is not sufficient, which needs further.Lack of in-depth legal analysis and synthesis level.Finally, it isthe lack of in-depth legal analysis and synthesis level.It is undeniable that we know the system still provides useful guidance, despite the lack of current research.This article is divided into four parts.The first part is the legal analysis of the NVOCC market access, from a theoretical point of view discussing NVOCC market access system, through the concepts and models of NVOCC market access,the legal basis of NVOCC market access and the key point of NVOCC market access lead to NVOCC market access system. The second part through the analysis of NVOCC market access legal regulation's history, the NVOCC market access of Chinese legal regulation and problems expounded our NVOCC market access system, which contains NVOCC applicants, surety bond and surety bond liability insurance. NVOCC bill of lading management system systematically and the market adverse effects.The third part examines the legal regulations enlightenments of the United States and Japan, which is on the status of the United States and Japan, NVOCC market access system of research and comparative analysis, draw on China inspiration.The fourth part is the NVOCC market access problems of legal regulation and improvement suggestions, based on research and analysis of the first two parts, put forward suggestions to improve our NVOCC market access legal regulationprobing into the background, legislative basisand the content, to provide direction for future improvement of legislation and law enforcement.These recommendations include perfect the system of basing on surety bond and surety bond liability insurance, NVOCC bill of lading management system, clear authority responsibilities,strengthen supervision of the late and so on.This paper is based on the mainly legislative status quo to improve the legal system of the NVOCC access, the main use of the comparative analysis, research methods of historical analysis, value analysis, focusing on the economic law theory combined with the legal regulation of our current system of interpretation and analysis.In this paper, theoretical research and NVOCC market access system for the implementation of the status quo combined with related systems in the study and practical experience related to national and regional basis, and summarized, presented preliminary ideas to improve the legislation, we want to improve legal system of NVOCC market access to provide a reference value.