B/L Fraud And Its Legal Strategies

Today, as documents of title, bill of lading (B/L) plays a important role in the international trade. Whereas, with the booming of international trade and ocean shipping, the number of (B/L) fraud increases dramatically.From the ancient time to the Middle Ages, people made sea trade with "cash to goods ". When stepping into capitalistic society, the mode of international trade changed from "cash to goods " into "documents to goods ". Nowadays, under the this circumstance , B/L becomes the primary tool of maritime fraud .B/L fraud greatly disserved international trade, shipping, insurance and finance. Especially, the developing countries tend to be suffered more owing to lack of experience and professional knowledge on international maritime.Usually, B/L fraud includes: bear B/L, cargo shortage, advanced and antedated B/L, deliver by letter of guarantee (L/G).Many reasons result in B/L fraud. First, the political instability and economic stagnation offer condition for B/L fraud. Second, from the view of law, the root of B/L fraud is L/C (letter of credit) system. Except the above reason, some flaw of the B/L itself, such as, straight B/L, unclean B/L and so on, are all the causes of B/L fraud. Furthermore, in ocean shipping, there are many ill habits. Third, international judicial cooperation is very poor. At last, the insensitivity of person in trade and greed of deceivers will result in or aggravate the situation of B/L fraud from different level.However, there is no good remedy except actively preventing and timely repairing. First, perfecting and reforming B/L system is necessary. On the one hand,law should burden bargainor with onus probandi. And bank should establish "super service" regulation .On the other hand, sea waybill and EDI would be adopted as supplement. Second, purchaser, bank and carrier ought to actively take measures to prevent the risk of B/L fraud. At last, even if the B/L fraud had happened, we still can not give up. Accuser can action in rem, action in personam or apply for stop-payment order for lessening losses .