| The bill of lading, created in Europe of Middle Ages, is a kind of peculiar document for maritime transportation. For several centuries, its function has been on the constant rise, and this system has gotten considerable development in the western countries with advanced sea transportation. The system of bill of lading in China, introduced in the reform and opening up to the outside world,has already begun to take shape over last two decades. But it leaves much to be desired and there is a long way to go to attain the world level. After China's entry into WTO, it is imperative that the system of bill of lading in China be reformed to meet international standards. It is set up based on the western counterparts, and at the same time has its own specialty and developing environment. So the reform can neither be made behind closed doors, nor copy word by word the methods of the west without reservation. In this paper, we suggest that the reform of the system of bill of lading in China begin with law style, and the case system be introduced while improving the statutory law of bill of lading. This paper consists of four parts.The first part is the introduction. In this part, the significance of system innovation of bill of lading is explained, and the purport and development of this paper illustrated. Then the logic structure and research methodology of this paper is rendered, and the easily-obscured concepts involved are clarified. The forms, whether the coarse forms as it emerged or the modern paperless patterns, taken by the system of bill of lading, which is a continuously developing private law system, have never changed its important position in the international trade. In face of the backwardness situation of the system of bill of lading in China, undoubtedly, its reform must be exercised, but the key here is what approach shall be adopted. One method alone, either case law or statutory law, can't meet the need of the development of bill of lading. Put another way, we cannot solve the current problem without combination of both methods.The second part is a bird's-eye view of the system of bill of lading throughout the world, including chapter 1and 2.Law style is mainly divided into two types—statutory law and case law. Continental law system is characterized by statutory law style, and common law system case law style. But this division method is relative. On one hand, law style is only an ideal type, for no country excludes the other law style completely and has only a single one; on the other hand, over the years, two law systems have begun to syncretize each other. It is a trend in the development of the law system all over the world that two law styles complement each other and develop together. The system of bill of lading emerged in Europe, but made great progress in both European and American countries. Accordingly, the two law styles coexist except that they have different development states in various countries. Generally speaking, international treaty on bill of lading is not united; the statutory law of continental law system about bill of lading is not perfect, and the pacts are applied respectively .So the system of case law of bill of lading in these countries has not yet been established due to the limited development of the law style of continental law system; In contrast, the system of bill of lading in the common law system is relatively complete, with complete statutory law and corresponding case law system. The system china introduced is essentially the system of bill of lading of continental law which is characterized by the statutory law. Up to now, the statutory law of bill of lading in china is still immature, and no special legislations and the rule of bill of lading is dispersed in relevant laws. There are three main international treaties related to bill of lading, which China has not participated in and just carried on them indirectly .In additional, there does not exist the genuine case law system of bill of lading in China. We can find out from the above-men... |
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