| Cargo transportation in Asian-European railway met two different transportation conventions along passing countries,which required different shipping documents named respectively SMGS consignment note and CIM consignment note.When cargo from SMGS member countries to CIM member countries,carrier should change the SMGS consignment note to CIM consignment note to meet COTIF/CIM in Malakashvili,Poland,that led to the increasing cost,transport time prolonging,more error risk of documents and risk of theft.In order to solve this problem,countries in Asia and Europe have adopted CIM/SMGS consignment note(Hereinafter referred to as common C/N),and China encourages to try CIM/SMGS consignment note.However,the effects of the CIM/SMGS consignment note is not significant for various reasons.Chinese "One Belt and One Road" economic development strategy and the international logistics development of Asia-European railway are deeply affected by the common C/N.Based on the CIM/SMGS consignment note guideline,This paper used literature research method,comparative method,historical method,etc.to study the Legal Function of common C/N.This paper is divided into seven parts.Part 1“Introduction” studies the history and current dilemma of Asian-European railway goods transportation,author provides to solve this problem should improve common C/N,leads to the topic of study the legal function of common C/N.Part 2 "the basic theory of common C/N ",discusses the difference between CIM and SMGS,the advantages,characteristics and legal functions of common C/N.Part 3 "the proof function of transportation contract of common C/N " analyzes its feasibility of proof function,suggests to simplify contents of common C/N.Part 4 "the receipt function of common C/N " focuses on that the carrier's duty of inspection,loading obligation and freight payment should be adapted to various modes of international transportation and international business practice.Part 5 "the delivery proof function of common C/N " probes into the conflict between the function of non-document of title and practice operation,discusses what's the better way to fill out consignee,freight charge,and the right for the consignee to change contents of common C/N.Part 6 " customs clearance function of common C/N ",according to questions about customs clearance function,discusses the effects of interoperability of customs clearance laws,international trade documents standardization,simplifying the language of documents,developing big data platform of Asian-European trains management and restricting customs clearance time.Part 7 " the adaptation between Chinese railway transportation law and common C/N " puts forward the domestic new railway goods transportation law should entitle railway waybill with the function of document of title and the consignee with the independent right to claim payment,meanwhile meet the combined transportation and international business practice.The main conclusions are follows:1.Common C/N is only in a unified format and should be constantly explored in the application of legal interoperability.2.Common C/N of each column in which demands,operation should be combined with the international trade terms,international business practices,the mature of the international ocean shipping,air transport,multimodal transport,and streamline the columns,add function of document of title.3.Improving customs clearance through legal interoperability,standardization of documents,simplification of business language and big data platform of cross-border customs clearance.4.Modifying or developing domestic railway law system,should stimulate the competition of railway carriers,entitle railway waybill with the function of document of title and the consignee with the independent right to claim payment,become the membership of the CIT,coordinate with international trade terms,international trade practice,domestic and the international transportation. |
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