According to Article 109 of the Maritime Traffic Safety Law of the People's Republic of China (hereinafter referred to as the Maritime Traffic Safety Law),the maritime administrative authorities shall list the "shipper" as the object of punishment for the illegal acts found in the onsite supervision and inspection of dangerous goods onboard. However,the Maritime Traffic Safety Law does not clarify the concept of "shipper". In the existing laws of China,only the Maritime Law of the People's Republic of China (hereinafter referred to as the Maritime Law) provides the definition of "shipper",while the Maritime Law stipulates two kinds of "shipper". There is no unified standard for the maritime administrative authorities to identify which "shipper" is the object of punishment when cracking down on illegal acts of false reporting and concealing. The identification of different "shippers" has completely different effects on the punishment. By analyzing the identification of "shipper" in judicial precedents and the identification of "shipper" in the cases of dangerous goods by different maritime administrative agencies,the paper puts forward a more efficient,accurate and reasonable identification method and the direction for the optimization of relevant laws and regulations.
关键词
危险货物/谎报瞒报/托运人/处罚
Key words
dangerous good/false and concealed declaration/shipper/punishment
万方数据