国际货代在航空货运中之独立经营人身份辨析

Discussion on the Identity of International Forwarding Agent as Independent Operator in International Air Transportation of Goods

针对国际货代企业在国际航空货物运输中以独立经营人开展业务而存在的与货主之间的法律关系定性方面的困惑和弊端,在分析了中国相关法律法规和学者观点的基础上,认为,应当承认"无机承运人"的概念,并建议修改中国相关法律法规,将国际贷代企业与贷主之间的法律关系定性为运输合同。

Focusing on the confusions to and shortcomings of the conclusion of the legal relationship between the International Forwarding Agent as independent operator and the seller of goods in the international air transportation of goods, the writer holds that this relationship shall be identified as the one of contract of Principle and Agent. Based on an analysis of the laws and regulations of China and the legal opinions of the scholars, the writer maintains that the concept ＂Non-airplane Carrier＂ should be admitted. The writer also suggests to amend the articles of relative laws and regulatious. And the nature of the contract between the two parties shall be identified as the contract of transportation.