Study On Legal Issues Related To Coastal Piggyback Of Container Cargo

Coastal piggyback policy is an innovative shipping policy put forward under the background of China’s construction of free trade zone and international shipping center.Generally speaking,the basic policy meaning of coastal piggyback is to allow the ships owned by Chinese shipping company without Chinese flag to carry out China’s coastal transportation business when certain conditions are met.Since it was put forward in 2013,it has been running for nearly seven years.Although coastal piggyback has achieved certain results in the process of operation,it is undeniable that there have been some urgent legal problems in this policy,which affect the implementation effect and hinder its further development.For a long time,there has been less specialized research on coastal piggyback,and the research on coastal piggyback from the perspective of legal issues is more scarce.It is generally believed that the implementation of coastal piggyback involves the change of the relevant provisions of China’s cabotage,and there are some legal issues that have not yet been clear and need to be further explored in the process of the implementation of coastal piggyback business,which have also caused some disputes in theory and practice.This thesis makes a systematic analysis and Research on the coastal piggyback,analyzes and studies the legal problems and disputes in the implementation of coastal piggyback,and puts forward corresponding suggestions.This thesis is divided into three parts: introduction,main part and conclusion.There are four chapters in the main part.In the first chapter,the author clarifies the concept,scope and conditions of coastal piggyback,the background and development process,and then makes a comprehensive understanding of the coastal piggyback;In the second chapter,according to the general view that the implementation of coastal piggyback is related to the breakthrough of the legal system of cabotage,the author thinks that the implementation of coastal piggyback conflicts with the legal system of cabotage in form,but it does not constitute a substantial change to cabotage;In the third chapter,the author first studies the legal effect of the implementation of the coastal piggyback,analyzes the coordination between the coastal piggyback and the current laws and regulations,as well as the legal effect of the contracts signed when carrying out the coastal piggyback business;then,the author studies coastal piggyback from the perspective of applicable rules of law,pointing out that the disputes involving coastal piggyback may have some problems in liability basis,compensation limit due to the unclear applicable rules of law;In the fourth chapter,the author puts forward some reasonable suggestions for the main legal problems in the second,third chapters.Based on the above chapters,under the background of China’s new situation and new stage of development,this thesis makes a systematic and comprehensive study on the coastal piggyback policy.This thesis also analyzes and studies the problems that have not been clarified in the previous research,and puts forward personal research views.Aiming at the problems that have not been solved at present,it also studies and discusses them,and puts forward suggestions for development and improvement,hoping to enrich the relevant theories and play a positive role in promoting the practice of coastal piggyback policy.