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海上货物运输是一个复杂的过程,通常要经过缔结合同、签发提单、履行运输业务等过程,牵涉到承运人、托运人、货代、船代、船运公司、海关、装卸公司、理货公司、收货人、银行等主体。这些当事人分别承担了海上货物运输的业务活动,也分别承担了海上货物运输的责任。但是对于货运代理人和无船承运人的识别目前尚无统一标准,而在海事实务中正确识别承运人,对于当事人及时提起有效诉讼、及时进行诉前保全、及时提出保险要求并保护保险公司的代位求偿权等都有着重要作用。本文介绍了一些传统的观点,并在此基础上提出了相关意见和建议。
Carriage of goods by sea is a complicated process, usually through the process of concluding contracts, issuing bills of lading, carrying out transportation operations, involving carriers, shippers, freight forwarding, shipping agents, shipping companies, customs, handling companies, The goods, banks and other subjects. Each of these parties assumed the business activities of the carriage of goods by sea separately and also assumed the responsibility of the carriage of goods by sea respectively. However, there is no unified standard for the identification of freight forwarders and non-vessel carriers, and the correct identification of carrier in maritime practice, timely effective litigations filed by litigants, prompt pre-trial preservation, prompt insurance claims and protection of insurance companies Subrogation, etc. have an important role. This article introduces some of the traditional viewpoints, and on this basis, put forward relevant opinions and suggestions.