Research On Maritime Bill Of Lading Fraud And Its Strategies

Bill of lading is a document for international trade and shipping and Plays an important role in the Process of international trade from barter to documentary transaction. But the fraud in bill of lading has swindle and destroy the basic system of the bill of lading setiously, that has influenced the harmony of international trade with the development and booming of international trade and ocean shipping. On the research of the predecessors, I will make more intensive research on B/L fraud.This dissertation includes four chapters, the basic structure is as follows: Chapter two: raising the conception of B/L and B/L fraud. Then made some compares of the definitions which were defined by IMCO (International Maritime Consultative Organization)and some luminaries.Many reasons result in B/L fraud. First,the Political in stability and economic stagnation offer condition for B/L fraud. Second,from the view of law,the root of B/L fraud is L/C 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.Usually, B/L fraud includes: forgery B/L, cargo shortage, advanced and antedated B/L, deliver by letter of guarantee (L/C). Fraud various kinds of nature of form and render a service to bill of lading issue make an legal analysis, among Civil Common Law corresponding regulation of international convention make comparative research. However, there is no good remedy except actively preventing and timely repairing. First,law should burden bargainor with onus proband. And bank should establish"superservice"regulation. 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 cannot give up. Accuser can action in personam or apply for stop-payment order for lessening losses.The essay takes as a clue with the relevant problems of the fraud in B/L, and aim to research and resolve the problem on it. Comparative and dialectical methods are applied in the essay, however, the author analyses the subject mainly from the legal point of view, and draws the following conclusion: a bright future of B/L can't be deny by duplicity, it is time to make a law to prevent duplicity in bill of lading.