货运代理人涵义的理论与实证

Theoretical and positive study on freight forwarder's connotation

为促进“货运代理人”本质涵义的统一与明确 ,分别归纳了国际上权威组织、法律法规对货运代理人的代表性表述 ,货运代理人针对托运人、收货人、承运人等提供的服务业务范围以及国内由外经贸部、各运输方式的主管部门颁布的有关法规中对货运代理人的释义 ,从其从属性、商业性、法制性、广泛性和复杂性等方面剖析了货运代理业的行业属性 ,探讨了货运代理人的行为属性以及法律地位 ,在此基础上根据货运代理业的实际情况 ,提炼出现代意义上的关于货运代理人的明确涵义 ,并提出在中国加入 WTO后应加快《货运代理法》的立法进程 ,以此推动实现货运代理行业的统一规范管理。

In order to unify the essential meaning of freight forwarders, according to the freight forwarding industry's present situation, the today definition of freight forwarders was put forward after inducing the relevant representative definitions from authoritative organizations and law in internal. Their service scope for consignee, consigner, and shipper was analyzed, their explanation in relevant law issued by Chinese Ministry of Foreign Trade and Economic was presented. Their industry attribute from dependency, commerciality,legality, extensive and complexity was studied, their conduct attribute and their legal status were discussed. The law on freight forwarding in China must be established as fast as possible in order to standard and manage entirely all the freight forwarding industry after joining into WTO. 9 refs.