Study On The Legal Issues Of The Operator Of Shipping E-commerce Platform

The shipping business is an ancient industry with a long history,which plays an important role in the development of national economy and world trade.Conventionally,carriage of goods by sea is conducted on the basis of a contract of carriage of goods by sea concluded by the shipper and the carrier after the repeated consultations face to face,or by telephone,telex,etc.In general,a contract in writing is entered into in charter party,and a bill of lading serves as an evidence of the contract of carriage of goods by sea in liner transport.However,in recent years,especially since the electronic commerce in the daily retail industry made a great success with the program of science and technology,a milestone change that shipping booking and cargo insurance have been worked out online has also happened in the shipping industry accordingly.The history of shipping E-commerce platform is not long,but the legal issues related are conspicuous and the corresponding disputes have actually arisen.This thesis,on the basis of relevent rules of contract law,maritime law,insurance law and tort law and some cases in practice,analyzes the legal status,rights and obligations of the operator of shipping E-commerce platform systemically.This thesis consists of four parts,apart from the preface and conclusion.The chapter one makes a brief introduction of shipping E-commerce,including its background and sorts.In addition,the topic of this thesis is exhibited through a case.The chapter two,from the perspective of broker,carrier and commission agent,analyzes the legal status,rights and obligations of the operator of shipping E-commerce platform in accordance with its function in the shipment.The chapter three,from the perspective of insurance agent and broker respectively,analyses and proves the legal status of the operator,playing a subsidiary role in online insurance,of shipping booking platform.The chapter four,on the basis of chapter two and chapter three,summarizes the legal risks the operator of shipping E-commerce platform may face and puts forth some suggestions to avoid them.