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Study On The Fraud Of Bill Of Lading

Posted on:2009-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:X D DongFull Text:PDF
GTID:2189360272471801Subject:Law
Abstract/Summary:PDF Full Text Request
International trade is based on the development of ocean shipping. It is the efficient and great ocean shipping that is necessary for the capitalistic society to develop and boom. Ocean cargo shipping is dominant in the transportation all the time. It is Bill of lading that is the most important document, that is the footstone of merchant shipping. But the fraud in bill of lading has swindled and destroyed the basic system of the bill of lading seriously and has harmed the harmony of international trade with the development and booming of international trade and ocean shipping.Bill of lading is the talent tool to promote international trade moving towards documents dealing. When stepping into capitalistic society, the mode of international trade changed from "cash to goods" into "documents to goods". Nowadays, under the circumstance, bill of lading becomes the primary tool of maritime fraud.Bill of lading fraud has greatly disserved international trade, shipping, insurance and finance, which have the great amount and scope baffling the development international trade. Especially, the developing countries tend to suffer more owing to lack of experience and professional knowledge on international maritime.Usually, bill of lading fraud includes: forgery documents, cargo shortage, advanced and antedated bill of lading, and delivered by letter of guarantee.Many reasons result in bill of lading fraud. First, the political instability and economic stagnation offer condition for bill of lading fraud. Second, from the view of law, the root of bill of lading fraud is letter of credit system. Except the above reasons, some flaws of the bill of lading itself, such as, straight bill of lading, unclean bill of lading and so on, are all the causes of bill of lading fraud. Furthermore, in ocean shipping, there are many ill habits.However, there is no good remedy except actively preventing and timely repairing. First, perfecting and reforming bill of lading system is necessary. On one hand, law should burden bargainer with onus probandi, and bank should establish super service regulation. On the other hand, sea way bill and EDI would be adopted supplement. Second, purchaser, bank and carrier ought to actively take measures to prevent the risk of bill of lading fraud. At last even if the bill of lading fraud has happened, we still cannot give up. Accuser can action in personal or apply for stopping payment order for lessening losses.The essay takes as a clue with the relevant problems of the fraud in bill of lading, and aim to research and resolve the problem on it. Comparative and dialectical methods are applied in the article, however, the author analyses the subject mainly from the legal point of view, and draws the following conclusion : A bright future of bill of lading cannot be denied by duplicity. It is time to establish one law to prevent duplicity in bill of lading.
Keywords/Search Tags:Bill of Lading, Bill of Lading Fraud, Letter of Credit, Letter of Guarantee
PDF Full Text Request
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