The Basic Problem Of The "port Act" Study

Although there are many legal issues relating to port, as for the legal regime of port administration, the concept of port, the managerial system of port and the plan of port are the most important core.The characteristics, functions and effect of port are a process of interrupted development since port appeared. Ports different from size, advanced degree and managerial system. The different functions of port and the complex social relationship involving in port made people have different ideas about it. Although "port" has become a common concept accepted through practice and has been widely used, it is quite difficult in collecting all the different ideas about port to a comprehensive concept of port, there is no strict legal definition to the concept of port in our country so far.The "Port law" which may be approved in the near future define the port as "an accurately defined area of water and land, which has the function of ships come in and out, anchor, moor, passenger embarkation and disembarkation, cargo load and unload, transport by lighter, storage" . This essay has madea comprehensive exposition from three aspects of physical, legality and function of port, point out that "port is mainly formed by three elements of water area, land area and facilities. Port is gradually has the functions of community, play more and more important role in social economic development, and in a position to promote economic growth, raise employment rate, strong national defense and facilitate t people' life, especially in the transport sector. The organizational form of Port regulated by law. Countries decide the organizational form of port according to the necessary of administrative management and the legal principals. Furthermore, the scope of port is delimited by legal procedure according on the basis of the need of administrative management and the legally operation of civil entities.It is quite difficult for reformation of managerial systemrof port to be unified since our country is vast in territory, the large number' s of ports and different conditions of port itself, which make the port administrative system that exist in reality appear the characteristics of diversity and complex. It has affected the development of ports and also has made ports hard to play the role for the development of national economic. The new reformation was taken place in 2001, QINHUANGDAO portwhich used manage by central government and other ports which was dual administrated by central government and local government are transferred to local governments for management. Government and enterprise should be separated after port has transferred to local government. The enterprises of ports no longer undertake the function of administrative management. They can make a further step to deepen the interior reformation of enterprise according to the requirement of modern enterprise system in order to make port become enterprise that operate by itself and is responsible for its own financial gain or loss. The local government' s port authority should perform the managerial function of port.Plan of port means to make an overall arrangement for the port layout all over the country and the specific development of a certain port for a period. The drawing up of the port planshould be on the basis of the principle that fully utilize national port resources, bring port function into full play, fully embody national economic developing strategy. The plan of port should be the part of the program of city. The relationship between plan of port and other kind of program should follow the principal of mutual coordination.