The Legal Regulation Of China Shipping Agents Delivery Of Goods Without Presentation Of The Original Bills Of Lading On Free On Board

With the deepening of economic globalization,foreign trade plays an increasingly important role in national economic development.In foreign trade transactions we use different trade terms to complete the transaction,the use of trade terms and buyers and sellers to pursue the economic interests are closely related,in recent years FOB trade terms in the mutual trade between countries is very common.But the use of FOB trade terms will bring some risks,countries generally reflect the loss of business cases,a slight upward trend.Therefore,both the theoretical level and the practical level of FOB trade terms under the issue of no-delivery of goods have a very strong value.In this paper,the FOB trade terms under the seller will face the risk of delivery of goods without delivery and how to avoid these risks in-depth discussion,combined with their own understanding of how to carry out risk regulation made recommendations.The delivery of goods and shipping poses a great impact on international shipping trade and is a constraint on the development of trade and shipping.It has shaken the basis of documentary transactions and damaged the credit mechanism of bills of lading.As a result of no single delivery of goods to explore the article is not much,but no professional and systematic delivery of goods without goods research articles."Maritime Law of the People's Republic of China" has not been separately stipulated.In practice,the treatment of this problem is mostly based on traditional jurisprudence and international trade practices,and lacks in-depth discussion and understanding of the inherent nature of the delivery of goods.Therefore,this article try to analyze the concept,the status,and then combined with the case to ask questions,while the proposed solution to the problem.The first part of the relevant concepts and legal provisions of the relevant terms and regulations for a brief introduction.The second part discusses the current situation of China's freight forwarders in FOB trade terms.At the same time,through the relevant data analysis and case analysis of the form of the three kinds of present situation and empirical analysis.The third part analyzes the existing problems of freight forwarding in China under FOB trade terms.In practice,the use of transport documents single,maritime law and the lack of specific provisions of the delivery of vouchers,freight forwarding liability insurance system is lacking.In the fourth part,the author puts forward the legal proposal of perfecting the delivery of goods under the FOB trade term.Practice areas to try to establish the transport documents and electronic documents coexist system,to further improve the maritime law on the delivery of freight forwarding orders related to the provisions of the establishment of freight forwarding liability insurance system.