Home >

"Freight Forwarding" New Regulations Bring Benefits To Textile City Merchants

2012/3/23 18:45:00 9

Freight Forwarders Textile Enterprises Export

International freight forwarding industry is an indispensable part of international trade.

With the rapid growth of foreign trade exports, China's international freight forwarding industry has developed rapidly, and has become a new industry with initial scale. It plays an important role in serving foreign trade, promoting the development of textile industry, attracting foreign investment and so on, and has become an important part of our county's logistics industry.

Because of its late start, compared with other industries,

Freight forwarding

The development of the industry is not yet mature, and the number of freight forwarding market is increasing. The problem of disorderly competition and development imbalance is more prominent, which affects the healthy development of the freight forwarding industry.

Freight forwarders' disputes caused by the irregular operation of freight forwarding companies are increasing day by day, and the number of cases complained to the courts has increased significantly.

because

Sea pport

Because of its particularity, its legal relationship is complex, and the legal dispute cases caused by enterprises with little knowledge of litigation involving foreign elements have become a hot spot and difficult point in the current trial practice.

Many enterprises are influenced by traditional ideas and often do not dare to defend their legitimate rights and interests through litigation.

To this end, the Supreme People's Court promulgated the "Regulations on the application of law for cases involving the delivery of goods without original bills of lading" and came into effect on March 5, 2009.

The "Regulations" promulgated here are systematic norms for disputes involving maritime freight forwarders, and promote the healthy development of freight forwarding industry.

The combination of the two will help us better guide the trial of maritime cargo agency disputes and unify the yardstick of judicial adjudication.

The reporter learned from the Zhejiang Shun Shun law firm that in recent years, some freight forwarders colluded with foreign buyers to engage in "no single delivery", and the cases of interest sharing occurred frequently. Lawyer Pan Zhaozhong took a similar case.

He said that the "Regulations" prohibit the detention of bills of lading, stipulate that the freight forwarding enterprises give priority to the delivery of the bill of lading to the actual shipper, stipulate that the maritime freight forwarder adopts the principle of presumption of fault, that the freight forwarding enterprises bear the burden of proof without fault, and that the freight forwarding enterprises are not careful to make the loss due to their prudent obligations. They must bear the corresponding liability for compensation. This series of regulations fills the loopholes in the current freight forwarding practice, and greatly protect the rights and interests of the domestic outbound parties.

Textile City

The foreign trade of the market brings a favorable legal environment.

Mr. Ye, who is engaged in foreign trade in the Textile City, believes that the introduction of the regulations will also enhance the rights and interests of freight forwarders while constrain the behavior of freight forwarding enterprises, and create a fair and just freight forwarding environment to balance the benefits between freight forwarding enterprises and domestic export enterprises.