Research On Legal Issues Of Functional Equivalence Of Electronic Bills Of Lading Under The Application Of Blockchain

The bill of lading is a genius tool that promotes the development of international trade from physical transactions to document transactions.The research task of bill of lading legislation and bill of lading law is to ensure and promote the continuous development of bill of lading.Today,with the rapid development of modern technology,the traditional paper bill of lading has shown its lack of development in all aspects.The electronic bill of lading came into being,but it has not been widely used for a long time.The vitality of the bill of lading should not be impaired by technological innovation,on the contrary,it should accept the help of new technology to overcome the disadvantages of the existing electronic bill of lading.The generation and application of blockchain technology will empower the electronic bill of lading to have the functions and value of the traditional paper bill of lading,thereby promoting the development of the entire electronic bill of lading in a wider range.This belief in the value of electronic bills of lading,as well as the evaluation of the importance of electronic bills of lading legislation and legal research is the value basis of this study.The electronic bill of lading is the extension and development of the bill of lading in the electronic environment.Its principle is advanced and will rely on blockchain technology to obtain stronger vitality.This thesis is divided into four chapters:The first chapter presents the main problems of this thesis.The application of electronic bills of lading starts from overcoming the insufficiency of paper bills of lading,and is based on inheriting the functions of paper bills of lading.In view of the three functions established by the bill of lading in my country,the traditional electronic bill of lading has realized the functions of contract certification and cargo receipt,but there are still problems in the realization of the function of the document of title.Ensuring the unity of rights of the electronic bill of lading is the key to realizing the function of the document of title of the electronic bill of lading.Therefore,in the context of the current application of blockchain technology,the main task of the blockchain electronic bill of lading to achieve functional equivalence is to solve the problem of guaranteeing the unity of the electronic bill of lading.The second is to realize the function of the document of title of electronic bill of lading.The second chapter solves the premise of the realization of functional equivalence of blockchain electronic bills of lading,that is,the guarantee of the unity of electronic bills of lading.Through the structure of the blockchain electronic bill of lading platform and the specific explanation of its application process,the timestamp,consensus mechanism and asymmetric encryption technology of the blockchain electronic bill of lading application are better than traditional electronic bills of lading.However,there are also related problems that cannot be guaranteed by technology,and the application of existing laws to blockchain electronic bills of lading cannot be directly solved,which needs to be clarified in future electronic bills of lading legislation.Through the dual means of technology and law,the unity of the blockchain electronic bill of lading will be guaranteed.The third chapter solves the problem of how to realize the function of the document of title of the blockchain electronic bill of lading.Starting from the connotation of the function of the document of title of the bill of lading,this thesis analyzes the legal requirements and principles that the bill of lading needs to meet to become a document of title,and demonstrates that the blockchain electronic bill of lading meets various legal requirements one by one.It also expounds that under the new credit consensus created by the blockchain,the electronic bill of lading using the blockchain technology has better conditions to achieve transferability.The fourth chapter returns to the legislation of electronic bill of lading.The blockchain electronic bill of lading solves the problem of unity guarantee and the realization of the function of the document of title,and realizes the same function as the paper bill of lading.The legal status of the electronic bill of lading is clarified by the functional equivalent legislation,which is the better choice for the current electronic bill of lading legislation.Considering the effect of functional equivalence legislation on the risk distribution of electronic bills of lading,and taking into account the principle of technology neutrality and autonomy of will,it is more reasonable to adopt strict standards for the functional equivalence legislation of electronic bills of lading at this stage in my country.