Maritime Fraud And Legal Countermeasures Under FOB

Since the reform and opening up in 1978, China has enjoyed the rapid development in foreign trade. The volumes of foreign trade are expected to exceed US dollars 2000 billion, ranking the third in the world. In these years, the proportion of FOB contracts is mounting up and goes 70 percent; the proportion even goes 80 percent in some enterprises. The deceivers take advantage of the charterparty underwritten by buyer, and collude in each other to get benefit illegally from others. China is also encountered different kinds of maritime frauds, which brought large economical losses to the country and impeded the sound development of China's external economy. The author of this thesis has collected documents, cases and related sources concerning maritime fraud, with the hope of generalizing the methods used both at home and abroad of preventing maritime fraud, and proposes some concrete and practical precautions that are easily operated.The thesis discusses Maritime Fraud under FOB systematically. With uniting theory with practice, taking the ways of comparative analysis and case analysis, and also considering the methods of positive analysis and dialectical analysis, I have analyzed Maritime Fraud under FOB generally, and studied the fraud of maritime letter of guarantee, bill of lading and letter of credit mainly. Through thoroughly research and compare, the author of this thesis proposes some concrete and practical precautions that are easily operated in our country.The thesis has been divided into five sections:Section I: The summarization of the FOB. In this section, the meaning of FOB is introduced, and the rights and responsibilities of the seller and the buyer under FOB are also discussed, and then analysis the transform of the risk, the bear of loading charge. Finally, the identification of carrier, shipper and consignee is introduced in this section.Section II: The summarization of maritime fraud. In this section, the meaning of maritime fraud is introduced, and concludes that maritime fraud is the deceiver colludes in each other to get benefit,money goods and watercrafts illegally from others, as this basis, the maritime fraud posses the character of illegality and torments. So there must be responsibilities on the deceiver. Then the forms of maritime fraud under FOB are discussed.Section III: The fraud of letter of guarantee under FOB. The fraud of letter of guarantee is one of the forms of maritime transportation under FOB; the international convention and other country'law that respected the fraud under letter of guarantee is introduced. After comparison with that those law, the deficiency of domestic law is found, and some purposes are brought forward to consummate it.Section IV: The fraud of bill of lading under FOB. In this section, the fraud of bill of lading by order and house bill of lading under FOB are discussed mainly. After comparison with the international convention and other country'law the deficiency of domestic law is found, and some purposes are brought forward to consummate it.Section V: The fraud of letter of credit under FOB. The fraud of letter of credit is one of the forms of maritime transportation under FOB. Although there is lack of international convention to regulate it, and the fraud of letter of credit is also regarded by the legislation of all of the country. The fraud of letter of credit is going on his way in our country, and cause tremendous loss to our county'economy, so the consummation of domestic law to regulate it is integrant.