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Study On The Function Of Multimodal Transport Documents

Posted on:2021-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y C XiongFull Text:PDF
GTID:2416330602489017Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Under the background of the continuous development of economy and technology,it is difficult to meet the requirements of practice to use single mode transportation in the trade of goods.At the beginning of 2017,the document issued by the Ministry of Transport of the People's Republic of China mentioned that it is necessary to strengthen the connection of service rules under different modes of transport,and an important part of which is the exploration and research on the multimodal transport system.This paper will start from the particularity of the goods multimodal transport document in the negotiability,study on the particularity of the function of multimodal transport document of goods compared with that of general transport document,and then put forward suggestions for the improvement of the relevant legal system of multimodal transport.In addition to the introduction,there are four chapters in this paper.The first chapter studies the basic category of the function of the multimodal transport document,defines the function of the multimodal transport document as the contribution made by the issuance and circulation of the multimodal transport document in the multimodal transport and the trade it carries,and analyzes the characteristics and dimensions of the functions of the multimodal transport document.This paper analyzes the factors that affect the function of multimodal transport documents,revises the attribute system of multimodal transport documents'circulation,and then analyzes the logical relationship between the multiple negotiability of multimodal transport documents' circulation and their functions.The second chapter is the research on the contract evidence function of multimodal transport document.Taking the meaning of the function of the contract of multimodal transport as the starting point,this chapter analyzes the relationship between the function and the elements of the document of multimodal transport,analyzes the limitation of the function under the conditions of the period of duty relief clause and non-standard documents,and on the basis of this,studies the mechanism of the clause of the multimodal transport document to prove the period of responsibility of the contract,and studies the proof and utilization of the multimodal transport document itself to the subject of transport obligation of the contract.The third chapter studies the function of document of title in multimodal transport.Starting with the general theory of the function of the document of title,it concludes that the nature and content of the document of title are closely related to the negotiability of the document,analyzes the actual response of the multimodal transport document to the document of title,based on this,studies the function of the right certificate of the multimodal transport document under different links,and studies the function of document of title in multimodal transport under the interference of single mode transport rules.The fourth chapter studies the innovation of the legal system of multimodal transport from the perspective of the function of the document of multimodal transport.From the perspective of the evidence of contract and the document of title of multimodal transport documents,this paper analyzes the deficiency of the realization of the function of multimodal transport documents in the current legal system of multimodal transport in China.From the perspective of document function,this paper studies the improvement and innovation of the legal system of multimodal transport,and puts forward specific suggestions on the realization of the document function of multimodal transport and the promotion of the development of multimodal transport in China.
Keywords/Search Tags:Multimodal Transport Document, Evidence of Contract, Document of Title
PDF Full Text Request
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