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Study of Security Deposit System of NVOCC in China

Author: LiMu
Tutor: DanHongJun; ZhuZuoXian
School: Dalian Maritime University
Course: Legal
Keywords: NVOCC Security Deposit Security Deposit Liability Insurance
CLC: D922.294
Type: Master's thesis
Year: 2012
Downloads: 125
Quote: 0
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Abstract


This article is on the basis of research results in the NVOCC basic legal issues, make research of China NVOCC security deposit system, including interpretation and analysis of relevant legal provisions for security deposit and security deposit liability insurance. And summary the role and problems of the NVOCC security deposit system. The article will introduce the U.S. NVOCC financial responsibility guarantee system, in purpose of providing reference of enriching the form of China NVOCC security deposit system. Finally, submit my own views to improve the NVOCC security deposit system.The overall guideline and frame of the article are as follows:The first part, introduce the concept of NVOCC at first, starting with the origin and development of NVOCC, introduce the earliest NVOCC concept of the United States legal definition of NVOCC, and related legislation in China for the definition of NVOCC, to analyze the characteristics of NVOCC. After a simple analysis of the NVOCC’s legal status and responsibility, make the foundation for security deposit guaranteed by the scope of responsibility later.The second part, make research of existing two forms of China NVOCC security deposit system, Including the analysis and understanding of the relevant legal provisions of both security deposit and security deposit liability insurance. At last, to make the evaluation of the existing security deposit system, including the role played by the security deposit, and also, what are defects.The third part, with lateral comparison of research methods, introduce the financial responsibility requirement of the U.S. NVOCC, describe its forms and the way of commitment,and compared with the security deposit system. Provide some reference for improving our security deposit system.The fourth part, on the basis of the three preceding section discusses the recommendations on the security deposit system in China. Including the role of the security deposit system and security deposit liability insurance system to improve, and learn flexible form from the United States financial responsibility requirement, a full complement of our NVOCC security deposit system, so that the security deposit system will play a role in regulating the shipping market and warranties.

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