A Study On The Legal Issues Of Electronic Bills Of Lading

The bill of lading is one of the important documents of international trade andmaritime transport of goods. With modern shipping, the traditional paper bill of ladingfor the development of the reality show lag, incompatible with the demand for rapidtransit, more and more practice on the bill of lading disputes. Electronic bills of ladingto comply with the development needs of modern shipping, to replace the traditionalbill of lading is an inevitable trend in the future of international trade. Theinternational community and national legislation for electronic bills of lading weremany attempts, with a view to the development of norms from the legal aspects ofelectronic bills of lading.Electronic bills of lading from the "Hamburg Rules","Visby Rules" to the"Rotterdam Rules" and other relevant international legislation, from SeaDocs, theCMI to the business practices of the latest Bolero system electronic bill of lading,electronic bill of lading is increasingly in the international transport of goods morewaving an important role.The article is divided into five parts. The first part describes the rules ofelectronic bills of lading, the Model Law on Electronic Commerce,"RotterdamRules" international legislation and the relevant provisions of the legislation forelectronic bills of lading in China, and compare the electronic bills of lading for theadvantages of the traditional bill of lading, and the prospects for the development ofelectronic bills of lading to be Outlook.The second part of the legal issues faced by the issuance and circulation of thewill of electronic bills of lading, the framework of the transfer of electronic bills oflading, and electronic bill of lading transfer the force of law to make research.The third part discusses electronic bill of lading from the bill of lading electronicinstead of the traditional bill of lading in the process of legal issues resolved,electronic bills of lading how to achieve the traditional bill of lading the goods receiptattribute, attribute three main functions of a document of title attributes, and thecontract of carriage. Part IV discusses the electronic bill of lading in maritime litigation as evidence toprove the effectiveness of the legal status of electronic bills of lading in the litigationand legal problems encountered in practice as evidence.The final study of the "Rotterdam Rules" combined with our current legislativestatus quo, with emphasis on the development of electronic bills of lading and thepractice of our country some of the major ports and foreign trade, transport enterprises,and learn from the practices and rules of international organizations to develop,absorb the maturity of foreign legislative experience innovative proposals for thedevelopment prospects of China’s electronic bill of lading, and promote the use anddevelopment of China’s electronic bill of lading.