The Legal System Regarding Administration On NVOCC In China And Its Improvement

In our country, NVOCC is a newly arisen concept, however is not a newborn thing. The business of NVOCC is separated from the traditional business of freight forwarder, under the socialist market economy system in China, the business of NVOCC has already formatted initiative market, and has the certain scale. The < International Shipping Regulation of the People's Republic of China > that was put into practice on January 1,2002, makes our country become the second that after the United States who specially introduces the concept of NVOCC. In the practice of the shipping, NVOCC acts important role, and ranks in the necessary position. The shipping market needs NVOCC, but not too much. This actual self-contradict makes it more obvious and outstanding of legal regulation of NVOCC.This thesis studies current administration legal system of NVOCC in China, from the aspects of governmental administration, market entrance, market order, punishment regulation and macro-control, and begins to analyze and summarize on this basis. Referencing to the achievement in the studies and advanced laws in European Union and the United States, this thesis puts forward basic principle and concrete suggestion on administration legal system on NVOCC, to make the business of NVOCC become standard, to build fair and orderly competition environment, and to increase the economic mileage and international competition ability.This thesis consists of five chapters with the main contents of each chapter as follows:Chapter 1 "Introduction on NVOCC "introduces the history and definition of NVOCC, on this basis, analyze and compare the difference between NVOCC and vessel operating common carrier, freight forwarder and NVOCC; Chapter 2 "The Main Content of the Legal System regarding administration on NVOCC in China" by full complication of the achievements in the studies of economic law and administrative law,summarizes the regulation on the governmental administration, market entrance, market order, punishment and macro-control of NVOCC in China, and estimates current legal system regarding administration on NVOCC in China; Chapter 3 "Reference to the Achievement in the Studies and Advanced Laws in the United States and Other Shipping Developed Countries" introduces and analyzes the achievement in the studies and advanced laws in shipping developed countries of the United States ,Japan, Europe etc.including market entrance, shipping competition and so on, to study the useful experience; Chapter 4 "Improvement of the Legal System Regarding Administration on NVOCC in China" on the basis of the foregoing three chapters, further puts forward the basic principle and concrete suggestions on the improvement of legal system regarding administration on NVOCC that should be followed by, including: The first, the reformation of the security deposit system of NVOCC and establishment of the liability insurance system; The second, establishment of the credit assessment system of NVOCC; The third, establishment of a competitive and reasonable industrial structure of NVOCC in China ;The fourth, the problem and the antidote of the price administration in the market of NVOCC; The fifth, establishment of the , improvement of the regulation on market order of NVOCC; The sixth, adequate drawing on the self-policing function of the mystery organization. Chapter 5 "Conclusion" is a summary of the present study.The thesis aims at the improvement of the legal system regarding administration on NVOCC in China, by relating the theories of economics, administrative law to the regulation on NVOCC, and studying the working theory of it, in order to assure and promote the development of the market of NVOCC.