Study Of A Number Of Legal Issues In The Bill Of Lading Fraud

A bill of lading is a document which serves as an evidence of the contract of carriage of goods by sea and the taking over or lading of the goods by the carrier, and base on which the carrier undertakes to deliver the goods against surrendering the same .A provision in the document stating that the goods are to be delivered to the order of a named person ,or to order ,or to bearer .constitutes such an undertaking .From several centuries the practice shows that bill of lading has been proved to be a great success .It is an important trade document as well as an important transport document, bill of lading promote international trade move towards talent tool . Three international conventions made around the bill of lading since 1924 are being developed and playing an important role to the function of the bill of lading constantly with " Bill of lading Act" of many countries, but show some insufficient and defect too, unbearable the rampant the fraud in bill of lading day by day under the international economic integration background nowadays. The fraud in bill of lading has swindle and destroy the basic system of the bill of lading seriously, has influenced the harmony of international trade. A lot of scholars have proposed solving the imagination or method of the problem manily. These imagine the method in although the side with its rationality and innovation , comply with the trend of development of era, but still exist a lot of are insufficient and the defect fail to solve the problem . This causes my great interest to this question, make me try to solve this problem on the basis of absorbing the former scholars research results..This text begins with concept fraud at first, through the contrast to defining in Civil Law and Common Law, have defined the concept that is fraud. The ones that passed to the relevant concepts of International Maritime Organization and famous scholar's proposition defined comparative analysis afterwards, have put forward the definition the fraud in bill of lading by myself, has done essential theory foreshadowing for the discussion of the following problem. Chapter two content expound the fact the fraud in bill of lading in marine transportation main form of expression of the practice. Faud various kinds of nature of form and render a service to bill of lading issue make an legal analysis, among Civil Law , CommonLaw corresponding regulation of international convention make comparative research.In the following chapter, the author analyzes and expound the cause and harm of fraud then reviews could the fraud in bill of lading lead to abandon B\L system. Chapter 5 the author introduce the reform of bill of lading because of the fraud in bill of lading, and commons on its effective method. Meanwhile , the author think it has far-reaching influence on system of the bill of lading.In the last chapter, I analysis and research of the problem to fraud in the bill of lading according to the above every chapter, and put forward the suggestion to the internal legislation of our country against the fraud in bill of lading through promoting internation legislating.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.The essay is, in some sense, of great theoretical and practical significance for its foreseeablity and methodology, which points the way for the coming scholars on this subject.