Research On Legal Issues Of Blockchain Digital Bill Of Lading

With the rapid development of Internet technology,the disadvantages of traditional thesis bill of lading,such as easy forgery and slow circulation speed,are becoming more and more obvious.Blockchain digital bill of lading provides a new idea to solve this problem.Although blockchain,as an emerging thing,has been applied in the shipping field for a short time,with the continuous exploration of the application of "blockchain+" and the application of blockchain technology in the field of bill of lading,the whole bill of lading system will undergo profound changes.It is a general trend that traditional thesis bills of lading are replaced.Therefore,the author believes that it is necessary to conduct in-depth research on the legal problems faced by blockchain digital bills of lading replacing thesis bills of lading.In terms of substantive law,according to the principle of functional equivalence,if the blockchain digital bill of lading wants to replace the traditional thesis bill of lading,it must have three characteristics of the traditional thesis bill of lading,namely,singleness,transferability and the function of document of title;In terms of procedural law,once the blockchain digital bill of lading enters the litigation field,whether it can meet the requirements of the evidence law and be accepted by the court is an important issue.In view of the above focus issues,this thesis attempts to make a comprehensive discussion,which is mainly composed of the following four chapters:Chapter I: This thesis expounds the difficulties faced by the traditional thesis bill of lading,compares the legal practice and legislation of electronic bill of lading in various countries and internationally,and reveals the reasons why the traditional electronic bill of lading still can not change the current situation.This thesis puts forward a new idea of applying blockchain decentralization,timestamp,encryption algorithm and other elements to the field of bill of lading,makes a new interpretation of the definition of bill of lading in Article 71 of Maritime Code,demonstrates that blockchain digital bill of lading still meets the requirements of the definition,and studies the latest development of blockchain digital bill of lading in various countries.Chapter II: Analyze the legal problems that blockchain digital bill of lading will face when replacing traditional thesis bill of lading from the perspective of substantive law.Firstly,it demonstrates the feasibility,efficiency and convenience of blockchain digital bill of lading in practice from the technical level.Secondly,it analyzes whether the blockchain digital bill of lading can guarantee the unity,and mainly demonstrates the unity of blockchain digital bill of lading from the time stamp and decentralized credit mode;Thirdly,demonstrate the transferability of blockchain digital bill of lading through digital signature and other technologies,and the electronic signature law provides a legal basis for the transfer of blockchain digital bill of lading,which can ensure the smooth progress under the current law;Finally,based on the principle of functional equivalence and combined with blockchain technology,this thesis demonstrates the function of property right certificate of blockchain digital bill of lading.Chapter III: From the perspective of procedural law,this thesis analyzes the evidence effectiveness of blockchain digital bill of lading instead of traditional thesis bill of lading.Blockchain evidence is still a kind of electronic evidence in the final analysis.This chapter first analyzes the legal effect of electronic evidence,then introduces the electronic evidence rules in common law system and civil law system,and then analyzes the evidence rules of blockchain evidence.The audit of blockchain evidence is mainly to identify its authenticity.Therefore,analyze its evidence effect from the authenticity of data,the authenticity of data content and the authenticity of data carrier.Chapter IV: Put forward relevant suggestions on the legal issues of blockchain digital bill of lading.As a new thing,blockchain digital bill of lading is subject to practice and has some problems,but it can be designed to meet the requirements of substantive law and procedural law.In order to truly replace the traditional thesis bill of lading with blockchain digital bill of lading,it must be escorted by law and technology.The author firmly believes that with the elimination of technical and legal barriers,blockchain digital bill of lading will have a day to show its skills.