Research On The Legal Liability Of Delivery Of Goods Without Documents

The most important system in the maritime transport trade is the bill of lading system,which can be said to be the cornerstone of the maritime transport business and escort the maritime transport trade business.However,in recent years,the phenomenon of non-release of goods is particularly frequent.As the name suggests,non-release of goods means that the carrier violates the contractual obligations and delivers goods to the holder of the original bill of lading.The proliferation of this phenomenon not only damages the legitimate rights and interests of the parties,but also seriously challenges the bill of lading system and shipping order.Especially at present,China's 21 st century maritime silk road strategy is put forward.As a major shipping country in the world,it becomes more urgent to perfect the system construction in this aspect.Accordingly,in this paper the present situation of the shipment release without collection bill of lading issue as the breakthrough point,the integrated use of literature analysis,comparative analysis and case analysis,through the analysis of our country "maritime law" the related provisions of the current problem of shipment release without collection bill of lading,and the problem of shipment release without collection bill of lading under the foreign experience for reference,by the Chinese and foreign comparative analysis of the law,in combination with the concrete practice of shipping the shipment release without collection bill of lading show problems,finally put forward about the shipment release without collection bill of lading carrier system of legal responsibility and perfect Suggestions.This paper first analysis without single release cargo liability,through the introduction of the concept of shipment release without collection bill of lading,formed the reason and the main form,as well as the shipment release without collection bill of lading legal responsibility,in the theoretical circle three responsibility identification of shipment release without collection bill of lading: default said,tort and competition,and practice four kinds of the development of the shipment release without collection bill of lading carrier responsibility identification,and details the carrier shipment release without collection bill of four kinds of legal liability stipulated.About shipment release without collection bill of lading in China are analyzed and the relevant provisions of the study,through the analysis of the scope of application of shipment release without collection bill of lading,the carrier's liability period and imputation principle,the statute of limitations,the components of the shipment release without collection bill of lading and shipment release without collection bill of lading liability and limitation of liability of the carrier after shipment release without collection bill of lading,to a deeper understanding of shipment release without collection bill of lading legislation present situation of our country.Based on the experience of foreign countries on the issue of goods released without documents,the latest legislation trend of the international bill of lading system is understood.In the Rotterdam rules,a new classification method of transport documents appears,which includes non-transferable transport documents and transferable transport documents.At the same time,the emergence and application of electronic transport records also led to the establishment of the electronic bill of lading system.Finally,the new convention puts forward the principle of the parties' autonomy of will,which is an innovation.Based on the above research,the problems in China's system of cargo release without documents are elaborated in detail.First of all,it is difficult to identify the subject of liability related to cargo release without documents.As for the actual person who takes delivery of the goods,the international cargo agent,the port company or the storage company,etc.,they do not have a clear legal status in China's maritime law.Secondly,there is a lack of regulations on electronic bill of lading.In view of the new concept of electronic transport record in Rotterdam rules,China currently lacks relevant regulations on electronic bill of lading.Only the circulation and use of electronic transport data between large domestic enterprises,the legal status of electronic bill of lading has not been established.At the same time,the reasons for the carrier's defense are too simple.In the practical world,some legitimate and effective reasons for defense,such as the loss and theft of the bill of lading and the third party agreement on the reasons for defense,have not been clearly and specifically stipulated in the current legislation.Finally,it is the lack of the embodiment of the principle of party autonomy.At last,the author puts forward some Suggestions on how to perfect the system.Firstly,the relevant liability subjects and main obligations should be clarified,and the carrier,the person who actually takes delivery of the goods,the international cargo agent and the port company or storage company should be enumerated respectively.Secondly,in the introduction of electronic bill of lading system,we should use the new electronic bill of lading,the establishment of electronic bill of lading registration system,and try to build electronic bill of lading and paper bill of lading simultaneous use system.At the same time,it is necessary to perfect the provisions on the carrier's defense reasons,and establish an independent and complete public notice procedure different from the civil law in the case that no one picks up the goods at the destination port and the bill of lading is lost,stolen or lost.Finally the principle of party autonomy,the author think of all the party autonomy principle is embodied in the bill of lading and the carrier agreed upon in advance,based on the above,the third party agreement as the carrier,the basis of justifications can both do not conflict with mandatory regulations in our country,and with The Times,practical and can meet the needs of the development of modern shipping.