The Research about the Legal Status of Port Operator in Maritime Cargo Transport
|School||Dalian Maritime University|
|Keywords||Port Operators Legal Status Actual Carrier Maritime Performing Party|
In this paper, according to the dispute happened on the legal status of port operators in recent years, author discusses the legal status of port operators in the international transport of goods by sea in the view of maritime law. Considering "The Rotterdam Rules", author put forward some constructive proposals to perfect "Maritime Law of China".The structure is divided into introduction, body and conclusion, in which the body part is divided into four parts.In the first part of the body, author defines the relevant legal concept and the relevant theories are introduced and analyzed. The author’s point of view is put forward clearly, better-managed writing purpose, scope. This part is the basis of the theoretical framework of writing.In the second part of the body, firstly, author summarizes the legal status of port operators under the existing legislation in China, and puts forward the author’s point of view. Then author agrees that port operators should belong to the actual carrier under maritime law in most cases and enjoy the carrier exemption, limitation of liability and the protection unit under Maritime Law. If port operators accept the commissioned by the cargo party, they do not belong to the actual carrier.In the third part of the body, author analysis the position of China port operators under "The Rotterdam Rule" deeply. It was held that port operators should be assigned to maritime performing party in the new convention under certain conditions and accepted the "Rotterdam rules" adjustment and protection. For the port operators who cannot be included in maritime performing party, author makes a correct analysis under the provisions of "The Rotterdam Rule". Subsequently, a deep and completed analysis of the impacts of "The Rotterdam Rules" on Maritime Law of china is made.In the fourth part of the body, based on the argument before, author puts forward some proposals to perfect the legal status of port operators under "Maritime Law":Through the introduction of a maritime performing party system built in "The Rotterdam Rule" to replace original the actual carrier system. While the 58,59 article of "Maritime Law" should be adjusted in order to solve the problem of the legal status of China port operators.