Research On The Legal Issues Of Collecting Terminal Handling Charge By Container Liner Carriers

With the continuous development of international trade,the container liner shipping industry is also growing,and the controversies that follow have gradually increased.Among them,container liner carriers usually charge various additional fees in addition to ocean freight,of which terminal handling charge account for the highest proportion,and the actual controversy is also the largest.The terminal handling charges is known as "THC",which is a product of the development of container trade in the liner shipping industry.Specifically,the container liner carrier has to bear the operation fee(also Including the operation fee from the side of the ship to the storage yard)and related expenses,it is a kind of fee charged by the cargo owner.The controversy over terminal handling charge is a concentrated manifestation of the contemporary contradiction between cargo and shipping.As the world’s largest cargo trading country,this contradiction is even more acute.The actual controversy of terminal handling charge in my country is mainly reflected in two aspects.The first is whether the container liner carrier has the right to charge terminal handling charge,that is,the theoretical basis of the container liner carrier to charge terminal handling charge;The second is whether the amount of terminal handling charge charged by container liner carriers is too high,that is,how typical countries regulate high terminal handling charge.The first dispute is the main reason for the cargo party’s refusal to pay the terminal handling charge.It believes that the container liner carrier has no right to charge terminal handling charge and the terminal handling charge are already included in the ocean freight.Therefore,if you want to resolve this dispute,you need to operate from the terminal.The legal nature of the fee is discussed,and then the legal basis of container liner carriers to charge terminal handling charge is studied.The second dispute needs to be analyzed from the status quo of legal regulation of terminal operation fees in typical countries,and then propose legal recommendations that are in line with my country’s shipping national conditions.Therefore,this article mainly focuses on the two major actual disputes of my country’s terminal handling charge.Based on the detailed study of the legal nature of terminal handling charge,the legal basis,and shipping competition laws and regulations,the two major disputes will be analyzed and resolved,with a view to proposing solutions.The main text is divided into five chapters and three levels to discuss the legal issues related to container liner carriers’ collection of terminal handling charge.The first level is the first chapter.First it explains the concept of terminal handling charge.Secondly,it summarizes the historical origin of terminal handling charge,mainly including the origin and historical origin of terminal handling charge.In the end,two real controversies about terminal handling charge are introduced.The second level is from chapter two to chapter four.This part mainly analyzes and studies the legal nature of terminal handling charge,the theoretical basis,and the regulation of the terminal operation fee in typical countries.Chapter 2 corresponds to the legal nature of terminal handling charge;Chapter 3 corresponds to requests for terminal handling charge the basis of rights;Chapter 4 corresponds to the regulation of terminal handling charge under in typical countries.The third level is a summary and consists of chapter 5.It mainly combines the previous text to study the legal issues related to terminal handling charge involved in the two real disputes of terminal handling charges,and draws on the experience and inspiration of some countries,so as to improve our country ’ s anti-monopoly legal system,Improve the supervision and regulation of shipping alliances and formulate special law to improve the regulation of terminal operation fees in our country’s Shipping Competition Law.