A Study On The Nature Of Property Rights And Applicable Rules Of Railway Bills Of Lading

In the context of the "The Belt and Road Initiative",the important function and significance of international railway freight transport plays an increasingly important role in the economic and social development strategy of the country’s western region,but at present,in international land trade,due to the problem of transport documents,the development of international rail transport lags significantly behind the trade needs of market commercial entities.The two international conventions of international railway transport,the railway transport documents only do the provisions of the railway waybill,but did not give it the attributes of the property rights certificate,the railway waybill has not been able to meet the needs of trade development,China’s commercial entities in practice imitated the sea bill of lading to create a railway bill of lading,but its property rights attributes,functions,applicable rules are urgently required to be regulated by law,perfect railway bill of lading rules,is the implementation of the Belt and Road initiative in the proper meaning.The content of the paper is a research on the nature of the property rights of railway bills of lading as a foothold,mainly using literature analysis methods,case analysis methods and other research methods,from the definition,connotation,applicable rules and problems faced by railway bills of lading,the legal analysis of the nature of railway bills of lading property rights and suggestions for improving the rules for the application of railway bills of lading,etc.,this paper makes a detailed and systematic discussion,mainly focusing on the nature of property rights and applicable rules of railway bills of lading.The main body of this article consists of five parts.The first part is "Introduction",which first introduces the source of the selected topic and summarizes the theoretical and practical significance of the topic studied in this paper;secondly,summarizes and comments on the theories and views on the problems studied in this paper in the important literature at home and abroad;and finally explains the research methods involved in the research of this paper.The second part is "Typical Case Analysis",which uses two classic cases as examples to expound the basic facts of the case and the trial results,summarize the focus of the dispute between the two cases,and put forward specific issues to be solved.The third part is the jurisprudence analysis of the nature of the property rights of railway bills of lading,including: the necessity of giving railway bills of lading property rights,the current status of legislation,and the controversies in the academic circles and comments on them.The fourth part is "Definition and Applicable Rules of Railway Bill of Lading",which first makes a detailed statement of the origin and connotation of railway bills of lading;then studies the practice mode and basic rules of railway bills of lading;and finally puts forward the problems faced in the application of rules.The fifth part is "Suggestions for Improving the Rules for the Application of Railway Bills of Lading",which mainly proposes solutions to the above problems from the aspects of legal regulation and operational details in practice.Suggestions are made from the perspective of domestic law and international conventions,and then from the perspective of specific systems that need to be improved in practice for railway bills of lading.Through the discussion of the above chapters,this article makes a detailed statement of relevant concepts,deeply analyzes the problems studied in this article and puts forward corresponding suggestions,through this article,I hope that we can make a modest contribution to the development of international rail transportation in the implementation of the "The Belt and Road Initiative".