Shipping Documents And Legal Research

Bill of lading is a kind of international trade and shipping document. It plays an important role in the process of international trade from barter to documentary transaction. However, the system of bill of lading is confronted with the challenges from bill of lading fraud which is getting more and more rampant. Bill of lading fraud is not only doubled the disputes, but also costs serious damage to our economy. So preventing bill of lading fraud and perfecting the legal system of bill of lading is a great task which brooks no delay. In this thesis, the author tries to discuss some types of bill of lading fraud, perfecting the legal system, preventive measures of bill of lading fraud etc.This thesis is composed of five parts, and tried to solve the following problems of bill of lading.The first part is about advanced bill of lading and antidated bill of lading. On the basis of introduction about some views, the author thinks that we should determine the nature of these two actions according to different conditions. At the same time, the author don't think that bill of lading is a contract between carrier and bill of lading holder. This point is the basis to analyze the bill of lading fraud. What is more, the author puts forward some measures to prevent this kind of bill of lading fraud.The second part is about the legal problems of letter of indemnity. The author analyzes two types of letters of indemnity-send-out goodsletter of indemnity and pick-up goods letter of indemnity and mainly studies the legal effect of letter of indemnity. As we know, the legal effect of send-out goods letter of indemnity is solved by the "Hamburg Rules " for the first time. The author thinks Chinese maritime law should prescribe the legal effect of two types of letter of indemnity.In the third part, the author studies the legal nature of action of releasing goods without original bill of lading, and puts forward some measures to prevent this kind bill of lading fraud so as to protect the rights of original bill of lading holder. We should determine the nature of this action according to different cases.In the fourth part, the thesis introduces the knowledge about sea way bill. Sea way bill only has two functions that it is evidence of contract of carriage by seaand the goods taken over or loaded by the carrier. By comparing sea way bill with bill of lading, we can draw a conclusion that sea way bill is not document of title .although it can prevent some types of bill of lading fraud to some extent,. it can not completely replace the status of bill of lading,In the last part, the thesis introduces electronic bill of lading, especially, electronic bill of lading under " CMI Rules for Electronic Bill of Lading" and bolero electronic bill of lading. The author points out electronic bill of lading is a new and promising document and it is a certain result of the development of international trade and modem technology.We hope electronic bill of lading law in the uniform international convention should be made at proper time. The problems of bill of fraud can be solved by perfecting bill of lading systems.