Research On Legal Issues Of Chinese NVOCC Market Access

The paper is mainly based on Reglations of the People's Republic of China on International Ocean Shipping[Revised]and Detailed Rules for the Implementation of the Regulations of the People's Republic of China on International Maritime Transportation[Revised],explores the domestic NVOCC market access legal issues,meanwhile,borrows international law and referential experience from extraterritorial shipping developed countries,adopts benchmarking and inductive-deductive method,does research on legal problems of NVOCC market access,and puts forward feasible suggestions.This paper aims to address four parts:introduction,main body and conclusion.The main body is divided into four chapters.In the first part,definition and characteristics of NVOCC market access will be presented,which makes a generalization on theory.Moreover,the article analyzes the connection between market access and administrative permission,game of NVOCC stakeholders.All this provided the reliable theory base for the following research.The main purpose of second chapter is to analyze existing legal issues on NVOCC market access.Firstly clarifying the classification of NVOCC;Secondly,starting from the case study,exploring whether Ocean Shipping Regulations could function effective management on those foreign enterprises who unregistered by the department in charge of transportation under the State Council.Furthermore,the paper also introduces influence negative list of Shanghai Free Trade Zone,and that provides beneficial thoughts and enlightenment to domestic NVOCC market access system.At last,the current regulations shall stipulate foreign-owned enterprise relevant issues which will be also improved.The third chapter introduces and evaluates content of International Law and extraterritorial legal provisions of NVOCC market access in order to figure out worth considering lessons.The last chapter is the punch line of article.The author offers suggestions including architect of policy,adjustments of regulations,implementation of differentiated market access system,developing function of Industry Association and other feasible measures.