The Function Transformation Of Bill Of Lading Under The Rotterdam Rules And Its Influence

The evolution of bill of lading, as a trading tool in the long historicaldevelopment, and still occupy an important position in international trade andeconomic development so far. Since the Rotterdam rules, the emergence oftraditional bill of lading received great challenges. The reason why a bill of ladinghas the function of document of title, but also because of its circulation faster thanthe carriage of goods by the vessel speed. Modern science and technologydevelopment and progress of shipbuilding technology, making the shipping speedincreased dramatically, and the popularity of container transport also makes goodsby sea transport speed to be improved. But because the speed of the bill of ladingdid not accelerate, most of time we can see is, the cargo has reached the port ofdestination, but the bill of lading are still in processing. It is particularly obviousespecial in the short distance transport. In this way, the flow speed of the bill oflading has not promote economic development, but turned out to be the obstacles ofthe transport of goods. With the electronic documents appear, solved the bill oflading slow circulation, and have a large impart to the trandition bill of lading. Withthe universal application of scientific and technological development, computer,electronic bills of lading came into being and developed rapidly. With Internettechnology, the operating speed of the electronic bill of lading was greatly enhanced,but the functionality of the traditional bill of lading has not received much impact bythat. Even the utilization of electronic bill of lading is not high, but these can notconstitute a substantial impact for that.In the future, electronic bill of lading will bethe development and progress, and will have a significant impact on the traditionalbill of lading. With the changes of the situation, bills of lading has encountered lot ofdifficulties in the reality of maritime practice, More than one issued riginal bill oflading copy of the bill of lading and the guarantees take delivery of goods withoutthe original bill of lading for delivery of goods etc. all of them are seriously impactthe shipping order. We also have such crisis in our bill of lading institutions Andbecause of the vacancies of Bill of lading problem in the legal institutions whichleading to inconsistency of theory disputes and application of the law. Because thebill of lading can’t be replaced by other transport documents within some historicalperiod, and it will continue to play its advantages, so the research in bill of ladingfunctions will not be outdated. Through reading related articles and books,analysising and discussing the bill of lading functions and delivery of goods withoutbill the writer summary the bill of lading system in domestic and external, and learnfrom foreign advanced Legislative judicial experience, he discuss the function of thebill of lading from different perspective and analysis the appropriatecountermeasures in this article.In summary, the bill of lading is an important part of the transport document,the bill of lading function is the kernel to study the transport document the legalsystem. Strengthen research on the bill of lading functional legal system, couldbetter understanding of the legal system of the bill of lading, and better to grasp thespecific application of the bill of lading in practice. The new regulations on thetransport document and deliver the goods of the principle under the "RotterdamRules", changing the status of bills of lading in the maritime transport of goods insome extent. Under the new rules, carrier could deliver the goods without bill oflading in some conditions which deeply touches the bill of lading legal system. Thedelivery of goods without bill of lading problem is accompanied by the developmentof the bill of lading. So if we want to change the traditional bill of lading lagproblems, we need not only to proceed in the transport document, but also need toimprove the specification of relevant legislation. In our country, we need to improvethe delivery of goods without bill of lading strict liability system, improving theflow speed of the bill of lading, and promotion the electronic documents and theshipping. By also we can get a lot of inspiration from analyzing the delivery of goods without bill of lading legal issues. Because the heart of the maritime law is todevelop the maritime trade, so we need to balance the interest of ship and cargo andachieve a win-win situation. At the same time we also need to take into account themutual penetration and independence of international trade and shipping, theestablishment of local carrier system while attracting the international conventionsand advanced maritime countries legislation.