Delivery the goods without original bill of lading refers to an international shipping practice in which the carrier, the actual carrier or its agent delivers the goods to others without withdrawing such original bill of lading. As international trades develop dramatically and the economic globalization and integration accelerate, delivery the goods without original bill of lading has seriously undermined the healthy development of international trade. The tremendous hard and enormous complexity of delivery the goods without original bill of lading has brought this issue to the focus of maritime laws world wide. This paper aims to offer qualitative analysis to delivery goods without the production of original bill of lading based on the properties of bill of lading, and discussed the relevant liability subject and subject of right of delivery the goods without original bill of lading. Also we focus on the analysis to duty principle, scope of compensation and defenses. Finally we will explore the prevention and solutions of delivery goods without B/LThis paper is made up of five chapters, among which the first chapter is the overview of delivery the goods without original bill of lading. This chapter basically explain the concept of delivery the goods without original bill of lading and its contributing factors of origination and the harm it brings about. The second chapter analyzes the legal nature of delivery the goods without original bill of lading. Since the identification of the nature of the bill of lading is the first and foremost step to identify delivery the goods without original bill of lading. Chapter 3 provides detailed analysis of related liability subject and subject of right of delivery the goods without original bill of lading, and finds out whether there is such recognition and proposed defenses. The fourth chapter mainly discusses the legal responsibilities of delivery the goods without original bill of lading. In this chapter it analyzes the imputation principle and the reasons that a liability subject can use to defense. And then it analyzes the scope of compensation. Chapter 5 put forward two prevention methods and the three good solutions to regulate the practice of delivery the goods without original bill of lading... |