无船承运人与货运代理人的识别

无船承运人与货运代理人在国际贸易和航运业的发展中都发挥着重要的作用,但是由于二者发展历史上的渊源以及业务范围的某些交叠使得无论在理论中还是实践中都存在着含混不清的地方。我国现有的法律法规包括新近颁布的《中华人民共和国国际海运条例》都没能很好地解决这一问题,而美国的《1998年航运改革法》似乎在这方面做出了有益的探索。

The Identification of the Non-Vessel-Carrier and the Freight Forwarder

The non-vessel-carrier and the freight forwarder play an important role both in the international trade and the shipping industry. Nevertheless, there is obscurity to some extent between the two concepts due to the origin in their historical development and the intercross in their services granted. None of the law and the relative regulations including the Ordinance of International Carriage of Goods by Sea of PRC has solved the problem successfully and sufficiently up to the date in China. The US Ocean Shipping Reform Act seems to make a constructive exploration and may be helpful to our better understanding of the two shipping subjects.