国际货运代理若干法律问题研究
发布时间：2018-10-30 10:52
【摘要】：国际货运代理行业市场准入政策的变化将使更多的国际货运代理企业产生，从而使我国的国际货运代理行业更加繁荣；另一方面，伴随着我国加入WTO，特别是经过四年过渡期后，我国已于2005年年底允许外资独资经营国际货运代理业务，这将对目前大量的中小货运代理企业带来严峻挑战。在这样一个市场背景下，我国目前还没有形成一套完善的货运代理法律制度框架，从而导致对行业实践中的诸多法律问题看法不一，分歧很大。 国际货运代理业务经营范围扩大化、复杂化的趋势使其法律地位突破了传统意义上的代理人，，而以当事人身份参与到货物运输过程中，此时国际货运代理人的内涵和外延大大超出了民法代理制度“代理”的含义。货运代理法律地位的不同会使其承担的法律责任产生变化，因此对货运代理法律地位的正确定性是解决相关纠纷的基本前提。而国际和国内立法尚未对此形成统一的识别标准。本文从民法理论和行业实践的角度入手，分析货运代理法律地位，对其识别标准进行初步探讨；并就国际货运代理业务实践中容易出现的法律难题，在结合典型案例的基础上，予以深刻剖析和研究。对一些案例进行深入地分析，希望能进一步促进对国际货运代理多重角色的了解，以及找到预防事故发生和处理争议与纠纷的正确方法。 目前，国际货运代理由于其经营业务的特殊性，其法律地位通常被分成两类，第一类是指作为代理人的法律地位，第二类是指作为当事人的法律地位。文章在这个分类基础上根据目前航运实践的新发展，进一步将其分为狭义代理、独立经营人以及综合服务提供者三类，并分别论述了其不同的责任划分。 分析问题，解决问题是本文要旨。文章从分析实证主义法学的观点出发，在借鉴世界上先进的国际货运代理制度规定的基础上，分析我国国际货运代理制度，重点研究国际货运代理业务中容易出现的法律难题，并提出了自己的观点。在论述的过程中，首先阐述了国际货运代理的法律概念以及法律上的分类；接着重点分析了《合同法》对我国国际货运代理法律关系的影响、货运代理法律地位的界定、识别标准以及货运代理提单的法律问题。通过分析论述，明确了调整我国货运代理关系的法律规范，也
[Abstract]:The change of market access policy of international freight forwarding industry will make more international freight forwarders produce, thus make our country's international freight forwarding industry more prosperous. On the other hand, with China's entry into WTO, especially after the transition period of four years, our country has allowed the sole foreign investment to conduct international freight forwarding business at the end of 2005, which will bring severe challenges to a large number of small and medium-sized freight forwarders at present. In such a market background, China has not yet formed a set of perfect legal framework of freight forwarder, which leads to different views on many legal issues in the practice of the industry. The expansion and complication of the international freight forwarding business make its legal status break through the traditional sense of the agent, and participate in the process of cargo transportation as a party. At this time, the connotation and extension of international freight forwarders greatly exceed the meaning of civil law agency system. The different legal status of freight forwarders will change their legal liability, so the correct characterization of the legal status of freight forwarders is the basic premise to solve the related disputes. However, the international and domestic legislation has not yet formed a unified identification standard. From the angle of civil law theory and industry practice, this paper analyzes the legal status of freight forwarder, and makes a preliminary discussion on its identification standard. On the basis of the typical cases, the author makes a deep analysis and research on the legal problems which are easy to appear in the practice of international freight forwarder. It is hoped that the analysis of some cases will further promote the understanding of the multiple roles of international freight forwarders and find out the correct ways to prevent accidents and to deal with disputes and disputes. At present, because of the particularity of its business, the legal status of international freight forwarders is usually divided into two categories: the first is the legal status as an agent, and the second is the legal status as a party. On the basis of this classification, according to the new development of shipping practice at present, the paper further divides it into three categories: narrow sense agent, independent operator and comprehensive service provider, and discusses its different responsibility division respectively. Analyzing and solving problems is the main purpose of this paper. From the point of view of positivist jurisprudence, this paper analyzes the international freight forwarder system in China on the basis of the advanced international freight forwarder system in the world, and focuses on the legal problems which are easy to appear in the international freight forwarder business. And put forward their own point of view. In the process of discussion, firstly, the legal concept and legal classification of international freight forwarding agent are expounded. Then it analyzes the influence of contract Law on the legal relationship of international freight forwarders in China, the definition of legal status of freight forwarders, the identification criteria and the legal problems of freight forwarder bills of lading. Through the analysis and discussion, this paper clarifies the legal norms of adjusting the freight forwarding relations in China, and also
【学位授予单位】：上海海事大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D996.1;D923.6
本文编号：2299797
[Abstract]:The change of market access policy of international freight forwarding industry will make more international freight forwarders produce, thus make our country's international freight forwarding industry more prosperous. On the other hand, with China's entry into WTO, especially after the transition period of four years, our country has allowed the sole foreign investment to conduct international freight forwarding business at the end of 2005, which will bring severe challenges to a large number of small and medium-sized freight forwarders at present. In such a market background, China has not yet formed a set of perfect legal framework of freight forwarder, which leads to different views on many legal issues in the practice of the industry. The expansion and complication of the international freight forwarding business make its legal status break through the traditional sense of the agent, and participate in the process of cargo transportation as a party. At this time, the connotation and extension of international freight forwarders greatly exceed the meaning of civil law agency system. The different legal status of freight forwarders will change their legal liability, so the correct characterization of the legal status of freight forwarders is the basic premise to solve the related disputes. However, the international and domestic legislation has not yet formed a unified identification standard. From the angle of civil law theory and industry practice, this paper analyzes the legal status of freight forwarder, and makes a preliminary discussion on its identification standard. On the basis of the typical cases, the author makes a deep analysis and research on the legal problems which are easy to appear in the practice of international freight forwarder. It is hoped that the analysis of some cases will further promote the understanding of the multiple roles of international freight forwarders and find out the correct ways to prevent accidents and to deal with disputes and disputes. At present, because of the particularity of its business, the legal status of international freight forwarders is usually divided into two categories: the first is the legal status as an agent, and the second is the legal status as a party. On the basis of this classification, according to the new development of shipping practice at present, the paper further divides it into three categories: narrow sense agent, independent operator and comprehensive service provider, and discusses its different responsibility division respectively. Analyzing and solving problems is the main purpose of this paper. From the point of view of positivist jurisprudence, this paper analyzes the international freight forwarder system in China on the basis of the advanced international freight forwarder system in the world, and focuses on the legal problems which are easy to appear in the international freight forwarder business. And put forward their own point of view. In the process of discussion, firstly, the legal concept and legal classification of international freight forwarding agent are expounded. Then it analyzes the influence of contract Law on the legal relationship of international freight forwarders in China, the definition of legal status of freight forwarders, the identification criteria and the legal problems of freight forwarder bills of lading. Through the analysis and discussion, this paper clarifies the legal norms of adjusting the freight forwarding relations in China, and also
【学位授予单位】：上海海事大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D996.1;D923.6
【参考文献】
相关期刊论文 前1条
1 郭萍;国际货运代理人含义及其法律地位探析[J];中国海商法年刊;2001年00期
本文编号：2299797
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