Discussion On Responsibility Of Carrier's Delivery Of Goods Without Presentation Of Original Bill Of Lading

During the whole processes of transaction, transportation, settlement of international Trade, the bill of lading as a security played an important role. In practice, the delivery by original bill of lading is a fundamental principle of international shipping. However, the situation as delivery of cargo without presentation of bill of lading increases fast in the maritime practice, and relevant disputes become frequently. It not only shake the foundation of documents transactions, damage of the credit mechanism of the bill of lading, also restrict trade and the development of the shipping industry, impact on the shipping order seriously. And in our country there is a lot of legal vacuum and fuzzy zone in the delivery of cargo without presentation of bills of lading one, which cause this much controversy. However, as long the bill of lading had not quit at the stage of history, it's unrealistic to eliminate it. Only through doing research theoretically and practically, making legal liabilities and preventive measures clearly of delivery of cargo without presentation the bills of lading to curb the proliferation of it effectively. Therefore, improving and reforming the bill of lading system, minimizing the negative effects of the bill of lading, giving fully play as trade ties and bridge of the bill of lading in international, maintaining international trade and shipping safety. Rationally allocating responsibility, protecting the shipping industry harmoniously and healthily must have the theoretical value and practical significance. But because of the limited length of article and my knowledge, this paper only expound a single problem that is the legal liabilities of delivery of cargo without presentation of bills of lading, attempting to analyze legal liabilities of it from various perspectives.In this paper, the full text is divided into four parts in addition to introduction and concluding remarks. Part1, Starting from the conception of delivery of cargo without presentation the bill of lading, the text analyze the legal implications of carries delivery of cargo without presentation the bills of lading. Analyzing the three main points to the legal nature of delivery of cargo without presentation the bill of lading, that Tort said, Default said, tort and default competition-collaboration said. Meanwhile, illustrate and analyze the Specificity and type of the responsibility of carries delivery of cargo without presentation the bills of lading.Part 2:The comparative research of the carrier only put the goods without legal responsibilities.Firstly, Contrast analysis the problem of delivering goods to the carrier without the bills of loading from the international convention standard bill of lading, namely "the Hague rules", " the Visby Rules", "Hamburg rules"and "UN transport law draft". Then conduct a study on different provisions of the Anglo-American law and civil law, in order to make reference to the consummate of the "Maritime law"。Part 3:In our judicial practice, identified the legal responsibility of delivering the goods to the carrier without the bills of loading has considered from infringement by the original stage to coexist with the default then to default stage again.The transformation was introduced in the text. Then in the carrier of China only put the goods without legal responsibility system and the analysis of existing problems, in order to lay the foundation for the relevant maritime for relevant Maritime law provisions.Part 4:Proposed suggestions on the specification of legal responsibility provisions of delivering goods to the carrier without the bills of loading on the view of legislative, judicial and the use of other transport documents. The author puts forward that the imputation principle of carrier only put the goods without legal liability should adopt the principle of presumption fault, which can maintain the bill of lading credit as well as the value of law and fair. Relevant judicial explanation should be strengthen in the judicial practice work, meanwhile, Play a guiding role in typical cases in order to Safeguard judicial authority. Using shipping orders and electronic bills of lading in marine practice to perfect relevant laws and regulations.