Research On Legal Issues Of Blockchain Bill Of Lading Circulation

As the "lifeline of international trade",the bill of lading is the most important document in the field of international shipping and has always played an important role.In recent years,with the continuous development of the field of international shipping,freight technology has been continuously improved,so that the traditional paper bill of lading faces serious challenges in circulation,on the one hand,the circulation speed of paper bill of lading is slow and inefficient,and there is a problem of no single release;On the other hand,the problem of easy forgery and poor security of paper bills of lading cannot be solved.The emergence of blockchain technology provides the possibility for electronic bills of lading to replace paper bills of lading and solve the problems of low efficiency and poor security of paper bills of lading,and its technical characteristics such as decentralization,timestamp function,point-to-point transmission,and encryption algorithms are in line with the circulation of electronic bills of lading.For example,blockchain technology can help electronic bills of lading achieve the "singleness" problem,which can ensure the security of bills of lading,realize the transaction tracking mechanism of electronic bills of lading,and improve the efficiency of electronic bill of lading circulation.However,the circulation of blockchain bill of lading also has the problems of lack of legal status,inability to realize the function of property certificate,and unclear legal relationship in circulation,which seriously hinders the development of bill of lading in blockchain.In order to further promote the circulation of blockchain bills of lading,it is necessary to conduct in-depth research on the problems existing in the practical application of blockchain bills of lading and improve the corresponding problems.First of all,the legal positioning of blockchain technology should be clarified,blockchain is only an Internet technology,and the blockchain bill of lading is not a new form of bill of lading,it is only an upgrade and extension of electronic bill of lading.Therefore,the law should maintain a neutral attitude towards blockchain technology,legislation should not interfere too much to avoid affecting the development of blockchain,the focus of legislation should be on electronic bills of lading,by clarifying the legal status of electronic bills of lading,supplementing and improving the relevant content of electronic bills of lading,building a "decentralized" credit model suitable for the circulation of blockchain bills of lading,and ensuring the circulation of blockchain bills of lading.Secondly,the transfer effect of the bill of lading is clarified by reinterpreting the judgment criteria for the possession of the bill of lading and establishing the rules for determining the identity information of the blockchain,and the holder of the blockchain bill of lading is clarified.By clarifying the legal effect of digital signatures and improving the legal norms of blockchain bill of lading pledge,the realization of the function of the property right certificate of the blockchain bill of lading is guaranteed,and the function of the blockchain bill of lading and the paper bill of lading is equivalent;Third,clarify the legal relationship in the circulation of blockchain bill of lading,and clarify the rights,obligations and legal responsibilities of relevant entities in international trade.Finally,a dispute resolution mechanism adapted to the blockchain bill of lading is constructed,and the dispute jurisdiction and legal application of the blockchain bill of lading are clarified.Escort the circulation of blockchain bills of lading.