Study On The Construction Of International Railway Bill Of Lading System

With the implementation of the "The Belt and Road Initiative" and the continuous development of China-Europe trains,the importance of railway transportation in the field of international freight transportation has become increasingly apparent.To maintain the impact of the "The Belt and Road Initiative" on the international trade pattern,not only needs the material support of China-Europe trains,but also inseparable from supporting laws and policies,and the existing railway waybill system has many shortcomings in coping with corporate financing difficulties,improving railway freight efficiency,and ensuring the security of international trade transactions.Based on relevant policies and documents,this paper analyzes the legal nature of railway bills of lading,studies the necessity of solving the current dilemma in the field of railway transportation,combines the relevant policies,achievements and practical cases of the innovation pilot of documentary rights in railway transport documents in China,explores the practical obstacles to the construction of railway bill of lading system,and puts forward specific suggestions for the construction of railway bill of lading system.In addition to the introduction and conclusion,the paper is divided into four parts.The first part is an introduction to the background to the concept of railway bills of lading and an analysis of the legal attributes of railway bills of lading.The railway bill of lading system is a new railway transport document system built by civil subjects in the field of railway transportation with the support of national policies and modeled on the maritime bill of lading system in order to solve the current dilemma.The legal attributes of railway bills of lading are related to whether the reform of the property rights of railway transport documents in China can effectively solve the dilemma in the field of railway transportation,and the mainstream views in the academic circles agree with the property certificate attributes of the bill of lading,and the railway bill of lading conforms to the triple attribute of the property certificate,therefore,the railway bill of lading is a property certificate rather than a debt certificate.The second part analyzes the need to establish a railway bill of lading system.At present,the international railway transportation field is facing financing difficulties,low transportation efficiency,and transaction security cannot be effectively guaranteed,and the railway bill of lading system is the best choice to solve the current difficulties in the field of railway transportation because of its property certificate attributes.The third part analyzes the current situation and obstacles to the construction of the railway bill of lading system.Since the State Council issued the Overall Plan of China(Chongqing)Pilot Free Trade Zone in 2017 and began the reform of the documentary ownership of railway transport documents,China has issued a number of policies to promote the pilot of railway bill of lading system innovation,and achieved remarkable results,proving the feasibility of building a railway bill of lading system.Although the innovative pilot of railway bill of lading proves the feasibility of constructing a railway bill of lading system,the construction of the railway bill of lading system still faces many obstacles: first,there are still legislative gaps in domestic laws in terms of railway bill of lading system and the concept of property certificates,and the construction of railway bill of lading system lacks domestic legal support;Second,commercial practices have not yet been formed in the field of railway transportation,which restricts the promotion of the railway bill of lading system;Third,the conflict between the two major railway transport conventions has seriously affected the international community’s recognition of the railway bill of lading system;Fourth,China’s supporting system for the railway bill of lading system has not yet been built and perfected,and the railway bill of lading cannot give full play to its function in the process of practice;Fifth,the nature of railway transportation goods and the length of freight time directly affect the willingness of civil entities to use railway bills of lading,and restrict the promotion of railway bill of lading system.The fourth part puts forward corresponding suggestions for the construction of the railway bill of lading system according to the actual situation in China.Specifically,it includes: promoting the internationalization of the railway bill of lading system;Promote the gender balance between the statutory property rights and the autonomy of private law under the property rights codification system of the Civil Code;Construction of an electronic bill of lading system;Improve the supporting system for railway bills of lading.