A Study On The Compulsory Contracting Obligation Of Liner Shipping Company

The long history of the development and the particularity of the shipping industry have produced many unique systems in the field of maritime law.Whether the common carrier engaged in international liner shipping should undertake the compulsory contracting obligations is a controversial theory problem.The international maritime freight forwarding operation rights damage compensation dispute case(hereinafter referred to as "Yinghai company v.Ma Shiji)of Ma Shiji(China)Shipping Co.Ltd.(hereinafter referred to as Maersk Inc),Xiamen branch of Ma Shiji(Chinese)Shipping Co.Ltd.(hereinafter referred to as Xiamen branch),Chinese Xiamen Ocean Shipping Agency Ltd.(hereinafter referred to as Xiamen penavico company)and Xiamen Yinghai Industrial Development Co.Ltd(hereinafter referred to as Yinghai company)experienced three times of trial.The twists and turns of trial result made the dispute climax,and caused the thinking of many scholars on it.The paper firstly discusses about the applicable conditions of compulsory contracting obligation,and then identifies that whether the liner shipping company should undertake the compulsory contracting obligation.Then the article concludes that it is possible for the liner shipping company to undertake compulsory contracting obligations.Secondly,the paper analyzes that whether the liner shipping company belongs to "carrier engaged In public transportation"provided in article 289 of "contract law" and should undertake the compulsory contracting obligation,combining with the case of "Yinghai-company v.Ma Shiji" Therefore,the paper concludes that liner shipping companies should undertake the compulsory contracting obligation under certain conditions.At last,because of the ambiguity of the article 289 of"contract law" the author put forward relevant legislation proposals to regulate the liner shipping company's behavior,to promote the healthy development of the liner shipping trade market.The structure of this paper is divided into three aspects:The first part mainly introduces the theoretical basis of the compulsory contracting system,including the historical background of compulsory contracting,the concept of compulsory contracting,the nature of compulsory contracting obligations and the institutional value of compulsory contracting.So,we have a comprehensive understanding of the compulsory contracting.The second part discusses the compulsory contracting obligation of liner shipping companies.The paper analyses the application of the compulsory contracting obligation,and whether the liner shipping company is the subject of the compulsory contracting.And lastly the paper assumes that the liner company has the possibility of undertaking a compulsory contracting obligation.The third part discusses the legislation of compulsory contracting obligation of liner shipping companies in china.In the discussion of current legislation,combined with the case of "Yinghai v.Maersk" mentioned earlier,the paper analyzes the problem that whether liner shipping companies should undertake the compulsory contracting obligation.Finally,the paper put forward the relevant legislative proposals.