The Research On Legal Institution Of Delivery Of Goods Without Bill Of Lading

The delivery of goods with bill of lading is a basic principle in the practice of international shipping industry, which is also the obligation that the carrier should perform when delivering the goods. But in practice, because of the conflict between transaction security and trade facilitation, the carrier tend to have delivered the goods without bill of lading, result in the prevalent phenomenon of shipment release without collection bill of lading. There aren't unified legal institutions all around the world,which brings about a reveal confused situation in the aspect of legislation. The Rotterdam Rules first innovatively made detailed regulations of the delivery of goods without bill of lading in this background, which received extensive attention and evaluation around the world. Inevitably, the regulations have the innovative part and the inadequacies at the same time.Nowadays, there are obvious hysterics in Chinese Maritime Law, such as the lack of relevant regulations of the delivery of goods without bill of lading and the principle of party autonomy. Inevitably, there are also some existed problems in Chinese judicial interpretation. On one hand, there aren't any relevant provisions about the electronic bill of lading or the institutions about the right of control. On the other hand, the regulations of the legal responsibility of the delivery of goods without bill of lading should be improved. It's difficult to solve the dispute about the delivery of goods without bill of lading effectively in our country. And it is urgent to improve the institutions. There is no clear interest guide to join the Rotterdam Rules. Not joining in it temporarily is suggested,but we can learn the rationality from the provisions. For example, it's suggested that increasing relevant regulations of the delivery of goods without bill of lading and restricting to apply the principle of party autonomy in modifying Chinese Maritime Law.Besides, to make Chinese judicial interpretation perfect, increasing relevant provisions about the electronic bill of lading, introducing institutions about the right of control and improving the regulations of the legal responsibility of the delivery of goods without bill of lading is recommended.