无船承运人相关法律问题比较研究
发布时间：2018-12-12 13:36
【摘要】： 随着国际贸易和现代物流的不断发展，国际海上货物运输专业化分工的不断细化，无船承运业务已经成为国际海上货物运输不可或缺的重要组成部分。尤其是在集装箱运输和国际多式联运蓬勃发展的今天，无船承运人制度的重要地位与作用日益彰显。2002年1月1日，《中华人民共和国国际海运条例》正式生效，确立了我国的无船承运人制度。 《国际海运条例》实施七年多来，我国无船承运业务进入了一个迅速和规范发展的时期，无船承运人队伍不断发展壮大，国际货运代理企业在从事代理人和承运人两种不同性质的业务时曾经存在的角色混淆、法律责任不清等问题基本得到解决。但是，一种新制度从产生、发展到成熟需要一个过程，在其实施过程中不可避免的存在认识上的分歧和制度上的不健全，需要在发展中不断完善，在研究中不断成熟。 本文以《中华人民共和国海商法》、《中华人民共和国国际海运条例》、美国《1984年航运法》、《1998年航运改革法》等法律法规为理论依托，借鉴相关国际惯例，通过比较对相关法律问题展开研究。全文共由四章组成。 第一章主要介绍有关无船承运人制度的沿革。在概述了无船承运人的历史渊源与发展的基础上，通过介绍美国无船承运人制度以及该制度在我国的产生与发展，阐明了虽然我国移植了该项首见于美国的法律制度，但无船承运人作为一个独立的海运主体在各国海运实践中的出现，是海运全球化发展的实践结果，而非一个简单的延续美国法律的过程。 第二章首先探讨了无船承运人的业务范围与主要业务流程，然后在对比了中美两国相关法律法规对无船承运人法律地位界定的异同的基础上，分析了无船承运人的双重身份，明确了无船承运人的法律地位，并分别从无船承运人作为承运人和托运人的角度分析了无船承运人在不同的法律关系中表现出的身份特点及其与国际货运服务经营者、国际多式联运经营人等的关系。 第三章着重介绍了美国无船承运业务的管理制度和在借鉴并移植美国相关制度基础上建立起来的我国无船承运业务管理制度。并针对存在的问题提出了看法。 第四章，笔者就无船承运实务中具有典型性的问题展开讨论。重点分析了无船承运人的货物留置权，无船承运人的海事赔偿责任限制以及责任保险制度等问题。 本文主要运用比较分析的方法，结合中外法律、国际惯例对无船承运人的相关规定，对无船承运人的定义、特征、法律地位以及监管制度、实务中的相关问题进行了较为深入细致的探讨，，力求为完善我国的无船承运人法律制度提供有益的建议。
[Abstract]:With the development of international trade and modern logistics, the specialization of international freight transportation is becoming more and more detailed. In particular, with the vigorous development of container transport and international multimodal transport, the importance and role of the NVOCC system is becoming increasingly prominent. On January 1, 2002, the regulations of the people's Republic of China on International Maritime Transport came into effect. The system of non-ship carrier is established in our country. Since the implementation of the International Maritime regulations more than seven years ago, the business of non-ship carriers in our country has entered a period of rapid and standardized development, and the contingent of non-ship carriers has been continuously developing and expanding. The problems such as confusion of roles and unclear legal responsibilities of international freight forwarders have been basically solved when they are engaged in two different types of business: agent and carrier. However, a new system needs a process from production, development to maturity. In the process of its implementation, there are inevitable differences in understanding and institutional imperfections, which need to be constantly improved in development and mature in research. Based on the maritime law of the people's Republic of China, the regulations of the people's Republic of China on International Maritime Transport, the 1984 Shipping Law of the United States and the Shipping Reform Law of 1998, this paper draws lessons from relevant international practices. Through the comparison of the relevant legal issues to carry out research. The full text consists of four chapters. The first chapter mainly introduces the evolution of the system of non-ship carrier. On the basis of summarizing the historical origin and development of NVOCC, this paper introduces the American NVOCC system and its emergence and development in China. However, the emergence of NVOCC, as an independent maritime subject, is the result of the development of shipping globalization, rather than a simple continuation of American law. The second chapter first discusses the scope of business and the main business process of NVOCC, and then analyzes the dual identity of NVOCC on the basis of comparing the differences and similarities between the relevant laws and regulations of China and the United States in defining the legal status of NVOCC. The legal status of NVOCC is clarified, and the identity characteristics of NVOCC in different legal relations and its relationship with international freight service operators are analyzed from the point of view of NVOCC as carrier and shipper respectively. Relations between international multimodal transport operators, etc. The third chapter mainly introduces the management system of American non-ship shipping business and the management system of China's non-ship shipping business established on the basis of reference and transplantation of the relevant American system. At the same time, some opinions are put forward in view of the existing problems. In the fourth chapter, the author discusses the typical problems in the practice of non-ship shipping. This paper focuses on the analysis of the goods lien of NVOCC, the limitation of NVOCC's maritime liability and the liability insurance system. This article mainly uses the comparative analysis method, unifies the domestic and foreign law, the international convention to the non-ship carrier's related stipulation, to the non-ship carrier's definition, the characteristic, the legal status and the supervisory system, In order to improve the legal system of NVOCC in China, this paper makes a thorough and detailed discussion on the related problems in practice.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.294
本文编号：2374670
[Abstract]:With the development of international trade and modern logistics, the specialization of international freight transportation is becoming more and more detailed. In particular, with the vigorous development of container transport and international multimodal transport, the importance and role of the NVOCC system is becoming increasingly prominent. On January 1, 2002, the regulations of the people's Republic of China on International Maritime Transport came into effect. The system of non-ship carrier is established in our country. Since the implementation of the International Maritime regulations more than seven years ago, the business of non-ship carriers in our country has entered a period of rapid and standardized development, and the contingent of non-ship carriers has been continuously developing and expanding. The problems such as confusion of roles and unclear legal responsibilities of international freight forwarders have been basically solved when they are engaged in two different types of business: agent and carrier. However, a new system needs a process from production, development to maturity. In the process of its implementation, there are inevitable differences in understanding and institutional imperfections, which need to be constantly improved in development and mature in research. Based on the maritime law of the people's Republic of China, the regulations of the people's Republic of China on International Maritime Transport, the 1984 Shipping Law of the United States and the Shipping Reform Law of 1998, this paper draws lessons from relevant international practices. Through the comparison of the relevant legal issues to carry out research. The full text consists of four chapters. The first chapter mainly introduces the evolution of the system of non-ship carrier. On the basis of summarizing the historical origin and development of NVOCC, this paper introduces the American NVOCC system and its emergence and development in China. However, the emergence of NVOCC, as an independent maritime subject, is the result of the development of shipping globalization, rather than a simple continuation of American law. The second chapter first discusses the scope of business and the main business process of NVOCC, and then analyzes the dual identity of NVOCC on the basis of comparing the differences and similarities between the relevant laws and regulations of China and the United States in defining the legal status of NVOCC. The legal status of NVOCC is clarified, and the identity characteristics of NVOCC in different legal relations and its relationship with international freight service operators are analyzed from the point of view of NVOCC as carrier and shipper respectively. Relations between international multimodal transport operators, etc. The third chapter mainly introduces the management system of American non-ship shipping business and the management system of China's non-ship shipping business established on the basis of reference and transplantation of the relevant American system. At the same time, some opinions are put forward in view of the existing problems. In the fourth chapter, the author discusses the typical problems in the practice of non-ship shipping. This paper focuses on the analysis of the goods lien of NVOCC, the limitation of NVOCC's maritime liability and the liability insurance system. This article mainly uses the comparative analysis method, unifies the domestic and foreign law, the international convention to the non-ship carrier's related stipulation, to the non-ship carrier's definition, the characteristic, the legal status and the supervisory system, In order to improve the legal system of NVOCC in China, this paper makes a thorough and detailed discussion on the related problems in practice.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.294
【引证文献】
相关硕士学位论文 前1条
1 查军;无船承运人监管问题研究[D];大连海事大学;2011年
本文编号：2374670
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