The Legal Issue Of Delivery Of Goods Without The Bill Of Lading In Maritime Transport

This papers mainly research from The International Maritime Law, especially from the Bill of Lading. By studying the theoretical problems, the writer want to achieve the purpose on how to increase the responsibility of delivery of goods without the Bill of Lading. Playing the full role of the Bill of Lading in international trades to ensure safety of international trade and shipping and to ensure the healthy development of the maritime industry.The writer hopes that this papers can give some suggestions to the legal theory on the Bill of Lading for the maritime practice.A large number of delivery of goods without the Bill of Lading have restricted the shipping industry trade and the healthy development. The laws of our country exist some posteriority, which is not suitable the maritime position of China.Although The Supreme Court had given the judicial interpretation to the questiones of delivery of goods without the Bill of Lading, but there are still have gray areas.In this Article, the writer based on the theory of domestic and foreign scholars and quoted the cases of delivery of goods without the Bill of Lading to analysis and discussion of legal issues and put forward my views.This This papers are divided into five parts in addition to the preface and conclusion.The first part is an overview of delivery of goods without the Bill of Lading.In this part the writer mainly defines the delivery of goods without the Bill of Lading.In the second part the writer discusses the legal responsibility.The author analysises the theoretical basis of delivery of goods without the Bill of Lading from the carrier, the actual carrier and the international freight forwarding agent. The third section discusses the law issues of delivery of goods without the Bill of Lading. Part IV describes the legal proceedings issues in the delivery of goods without the Bill of Lading. In this part the author analyzes the jurisdictional issues and the proof of the problem.In the PartⅤ,the writer takes measures to solve the delivery of goods without the Bill of Lading, and descriptes the electronic bills of lading, and finally put forward my views on the Maritime Code of the Peoples Republic of China.