A Study On Legal Issues Of Electronic Bill Of Lading

With the developing of the technology of modern shipping and communication, the speed of ship in modern shipping business is getting faster, but the circulation of bill of lading under the traditional mode remains the same speed, so the ship and the goods have to wait for the bill of lading at the port of discharge. Therefore, the so called "bill of lading crisis" occurs. The fundamental way to solve the crisis is to speed up the circulation of bill of lading. The developing of the technology of electronic commerce makes the electronic bill of lading become true, which is the most feasible and effective way to solve the "bill of lading crisis".This paper mainly focuses on two legal problems of electronic bill of lading:one relating to the medium of electronic bill of lading, the other relating to the functions of electronic bill of lading. The first problem is caused by the change of medium. Since the traditional laws are based on the medium of paper, we have to face the challenge to the traditional laws from the electronic bill of lading. Such as, in a paper-based environment, according to the traditional law, bills of lading should be retained or presented in writing. In the paper, the author researches how a data message meets the requirement of "writing", "signature" and "original". The other problem is whether the electronic bill of lading can perform the functions of bill of lading, such as an evidence of the contract of carriage of goods by sea, a receipt of goods, a guaranty and the circulation of electronic bill of lading.The latest international legislation relating to electronic bills of lading is the United Nations'. We believe that it will help the development of electronic bills of lading. In the paper, the author studies the major breakthroughs of the , and elaborates the existing legislation of electronic bill of lading. At last, some suggestions are put forward in regards to the development of electronic bill of lading legislation in China.