Studies On Bill Of Lading Fraud In Legal Perspective

Bill of lading (B/L), as an major trade document as well as an important transport document, plays an important role in the process of international trade. It becomes a talented tool which facilitates the mode of international trade change from barter to documentary transaction . Because of the insufficiency and defect of the Three International Conventions about B/L, however, the system of B/L is confronted with the challenges from B/L fraud which is getting more and more rampant. The B/L fraud has influenced the harmony of international trade ,shipping, insurance and finance seriously. Nowadays , B/L becomes the primary tool of maritime fraud. It is not only doubled the disputes, but also does great harm to our economy. So preventing B/L fraud and perfecting the legal system of B/L is a great task which brooks no delay. In this thesis, the author tries to discuss some major types of B/L fraud, analyze the causes, put forward the preventive measures of B/L fraud and the suggestion to the internal legislation of our country against the B/L fraud through promoting international legislating ,thus perfecting the legal system of B/L, etc.There are mainly five parts in this thesis.The first chapter is mainly about the summary of the B/L fraud .It briefly introduces the legal system of B/L ,the definition of fraud and B/L fraud , the legal connotation of B/L fraud ,and the disservice o B/L fraud .In the second chapter the author summarizes the major form of the B/L fraud and the analysis of them respectively .They are the forgery of B/L, the conversion of B/L, the advanced bill of lading and antidated B/L ,clean B/L exchanged by the letter of indemnity, and the action of...