欧美航运竞争法的比较与借鉴

发布时间：2018-04-21 18:28

本文选题：航运 + 竞争法　；参考：《上海海事大学》2005年硕士论文

【摘要】：以欧盟和美国为代表的发达国家和地区,历来重视航运竞争法的研究,逐步建立了较为完善的航运竞争法,为促进本国航运市场的健康发展,奠定了坚实的制度基础。然而,我国长期未能建立航运竞争法,相关的研究也处于极不发达的状态。从2002年开始,随着我国进一步开放国际海上运输服务领域,一系列有关航运竞争的争议接连爆发出来。这些争议涉及面广,影响巨大,造成托运人和承运人之间的关系,日益紧张。由于我国在航运竞争立法上仍然存在空白,这些争议无法在我国法律的框架内,得到合理的解决。因此,航运竞争法的研究,是当前我国公海商法研究的热点和难点问题,具有较强的现实意义和理论价值。本文紧紧围绕6个方面的内容,对美国和欧盟的航运竞争法进行了实证的和比较的研究。在比较的基础上,本文结合我国的具体实际,提出了具体的和针对性的立法建议。本文首先要解决的问题是航运竞争法的概念问题,这是第一章的主要内容。探讨的结论是,航运竞争法是调整航运竞争关系和竞争管理关系的法律规范的总和,其外延应当包括海运合作协议制度和航运反倾销制度等一系列航运竞争保护和航运交易保护法律制度。第二章是对欧美航运竞争法的微观比较。通过精确到具体条文的对比,本文发现了欧美航运竞争法在法律技术层面的各种异同。总结和归纳之后,形成了2份表格,详细列明了微观比较的结果。第三章则是对欧美航运竞争法异同的具体分析。通过分析影响欧美航运竞争立法的各种因素,本文揭示了造成欧美航运竞争法异同的几个重要原因。欧美航运竞争法存在相同之处,与海运合作协议本身的合理性和人们对自由竞争的理性认识有关;欧美航运竞争法存在不同之处,是因为欧美的航运利益不同,美国代表托运人的利益,欧盟代表承运人的利益。第三章的一个最重要的结论是,航运竞争法由本国航运利益决定,保护并促进本国的航运利益。第四章立足于我国的实际情况,把第二章和第三章的结论,具体应用到我国航运竞争立法的过程中来。本文研究了当前我国国际海运市场所发生的各种问题,对我国的相关法律进行了实证的研究,指出了我国法律存在的重大不足,论
[Abstract]:The developed countries and regions represented by the European Union and the United States have always attached importance to the study of the shipping competition law and have gradually established a relatively perfect shipping competition law, which has laid a solid institutional foundation for promoting the healthy development of the domestic shipping market. However, our country has not established the shipping competition law for a long time, the related research is also in the extremely underdeveloped state. Since 2002, with China's further opening up of international maritime transport services, a series of disputes about shipping competition have erupted one after another. These disputes are widespread and significant, creating growing tensions between shippers and carriers. As there are still gaps in the legislation of shipping competition in our country, these disputes cannot be reasonably resolved within the framework of our country's laws. Therefore, the study of shipping competition law is a hot and difficult issue in the current research of China's public maritime law, which has strong practical significance and theoretical value. This paper focuses on six aspects of the shipping competition law of the United States and the European Union empirical and comparative study. On the basis of comparison, this paper puts forward specific and pertinent legislative suggestions combined with our country's specific practice. The first problem to be solved in this paper is the concept of shipping competition law, which is the main content of the first chapter. The conclusion of the discussion is that the shipping competition law is the sum of the legal norms regulating the relationship between competition and competition in shipping. Its extension should include maritime cooperation agreement system, shipping anti-dumping system and a series of legal systems of shipping competition protection and shipping transaction protection. The second chapter is the microscopic comparison of European and American shipping competition law. Through the comparison of precise to specific articles, this paper finds the differences and similarities of European and American shipping competition law in legal and technical aspects. After summing up and summarizing, two tables were formed detailing the results of microscopic comparisons. The third chapter is the specific analysis of the similarities and differences of European and American shipping competition law. Based on the analysis of various factors affecting European and American shipping competition legislation, this paper reveals several important reasons for the similarities and differences of European and American shipping competition law. There are similarities between European and American shipping competition laws, which are related to the rationality of maritime cooperation agreements and people's rational understanding of free competition, and the differences in European and American shipping competition laws are due to the differences in shipping interests in Europe and the United States. The United States represents the interests of the shipper and the European Union represents the interests of the carrier. One of the most important conclusions of Chapter 3 is that the shipping competition law is determined by the domestic shipping interests and protects and promotes the domestic shipping interests. The fourth chapter is based on the actual situation of our country, and applies the conclusions of the second and third chapters to the process of our country's shipping competition legislation. This paper studies all kinds of problems in China's international shipping market, makes an empirical study on the relevant laws of our country, and points out the major deficiencies of our country's laws.
【学位授予单位】：上海海事大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D912.29

【引证文献】