A Research On Some Legal Issues Of Non-Vessel Operating Common Carrier Supervision

With the reform and opening up and the rapid growth of market economy,China's import and export trade has greatly increased,which changes the shipping market with a rapid development.With the development and specialization of container transportation in shipping market,non-ship carriers are gradually separated from freight forwarders.On the basis of drawing lessons from the regulation of the United States,China established NVOCC from the legal level in 2002.Since when,the number of NVOCC has increased rapidly and which has also greatly promoted the prosperity of the shipping market.However,due to the limited liability of NVOCC not operating the ship,maritime fraud often occurs in the course of business to damage the interests of shippers.At the same time,due to the dual status of NVOCC,the risk of liability assumed by NVOCC is too heavy,and the lack of understanding of NVOCC in general,leading to the wrongfully levy of NVOCC on taxation.Therefore,it is necessary to have a correct and effective supervision of NVOCC.The first part begins with an overview of NVOCC,introduces the definition of NVOCC at home and abroad,the status quo of NVOCC supervision in China and other related issues The second part comprehensively discusses the existing problems in the supervision of NVOCC in China,focusing on the problems of its unclear ex post supervision and market access.The third part starts with the foreign supervision of NVOCC and its experience to China,analyzes the current situations of the United States,Japan and the European Union.It is suggested that the competent authorities and their powers should be clearly defined by law,the importance of a mature shipping market and a sound market mechanism and competition rules with relevant procedures.The fourth part starts with suggestions on perfection of the NVOCC supervision,which in details discusses the status of NVOCC and its competent authorities,further explores the multiple supervision modes and the optimization of the supervision systemIn a word,on the basis of exploring the shortcomings on supervision of NVOCC in China,this paper systematically puts forward some countermeasures to solve the problem of NVOCC supervision,which aiming to ensure NVOCC operate on healthy tracks.