Responsibility Ownership And Exception Which Delivery Of The Goods Without The Original B/L

Along with the development of the marine transportation, as one kind of marine document, the bill of lading (B/L) becomes the essential certificate for the carrier to deliver goods to consignee. According to our country's"Maritime Law", as well as the international convention, the carrier must deliver the goods depending on the original B/L. However, in reality, the carrier sells goods depending on the letter of guarantee and the transcription of the B/L frequently and this has caused massive disputes. The carrier's responsibility ownership which delivers goods without the original B/L becomes the focus between the parties, a hot topic among theorists, a difficulty in the judicial field. Therefore, there's some need to do some research on the topic.At first, on the basis of the legal nature of delivering goods without B/L, the illegality of delivering goods without B/L is definite. Then, the article discusses the legal nature of B/L by the method of the meaning explanation, system explanation etc. and concludes that B/L can be regarded both as credit document and document of title. Secondly, the author appraises the four different viewpoints of the carrier's responsibility ownership (that is, the right infringement responsibility said, the violation responsibility said, the exception right infringement responsibility said, the right infringement and violation responsibility gathers said) by the method of contrastive analysis and inductive analysis. After evaluating the four viewpoints, the author proposed one of the viewpoints which she favors, that is, the right infringement and violation responsibility gathers said. Then the article discusses the different reorganizations of responsibilities under the different employees, and after comparing the violation sues with the right infringement sues from the different angles in the substantive law and procedural law, the author draws out the conclusion that she accepts the violation sues. In this part, some legislation suggestion is also proposed by the author. This part is the core of the whole thesis, also, in this part, several new viewpoints are proposed. At last, several kinds of exception on delivering goods without the B/L which are accepted in the navigation practice are discussed. Afterwards, the author analyzes the advantages and the disadvantages of the letter of guarantee, as well as the viewpoints to the responsibility of delivering goods without registered B/L in different nations using experimentation method and regulation method. Finally, by the method of system explanation, the author puts forward her own point that is the carrier has to deliver the goods with the original registered B/L.