| The shipping guarantee is considered as the lubricant in shipping practice,accelerating the circulation of goods and promoting the development of the trade.However,"maritime law" of Chinadoes notstipulate the effectiveness of the shipping,operation, the rights and obligations and responsibilities of the parties.With the development of shipping, the shipping guarantee includes but not limited tothe kinds of exchange for a clean bill of lading shipping guarantee, backdatingguarantee, advance guarantee, without original bill of lading take delivery guarantee,warehouse goods guarantee and release the letter of guarantee, etc. From the point ofparty autonomy principle, the shipping guarantee based on the true meaning of parties,legal content, should belong to the legal contracts. But from the point of the principleof good faith, the different types of shipping guarantee for different levels ofconstitute fraud, the carrier shall bear the liability for breach of contract or tortliability. Traditional practice, total loss only carrier for the third person, as the letter ofguarantee issued by the other party’s legal liability. The author thinks that thepunishment system of the fair principle, according to the fault of the parties to thedifferent proportion, the court should determine the parties according to the faultresponsibility.In addition, if there is a corresponding supporting system, and can completely avoidas lubricant to goodwill carrier shipping guarantee risk. Provisions of the carriernotice obligation, that is, the carrier during the receipt of a letter of guarantee shall benotified to the corresponding bank, all of the real goods. Port to establish a maritime inspection agency issued the goods before shipment inspection, avoid the carrier dueto not notice the actual cargo damage liability. Perfect the system of right to exercisethe notation of the carrier, the carrier is proper, the right to remark to a great extent,determines the transaction and the smooth realization of the shipping. |
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