Discuss On The Attribution Of Responsibility And Risk Prevention Of The Delivery Of Goods Without Original B/L

With the rapid development of the world economy and the acceleration of the process of global economic integration, international trade has become increasingly frequent. According to statistics, ninety percent of the international trade of goods was transported by sea, the carriage of goods by sea resulting in rapid development. New equipment, new technology has been widely used in the field of navigation, the bill of lading as one of the most important sea transport document came into being."Deliver goods by original B/L" is a fundamental obligation of the carrier under the bill of lading, however, at the level of science and technology rapid development and modern sailing speed is greatly increased, in order to reduce unnecessary demurrage or other port charges, short-distance sea transport carrier usually in the case without obtaining the original bill of lading, with a copy of the bill of lading and guarantees delivery of goods at the delivery people, resulting in "deliver goods by original B/L" to be an empty promise."Delivery of goods without B/L" phenomena continue to occur to bring a variety of legal disputes, severely restricted the development of maritime transport. Although the law about bill of lading clearly defined, however, not very clear legal provisions on the "delivery of goods without B/L" attribution of responsibility, resulting in that in practice to solve this problem the dispute of "delivery of goods without B/L" the attribution of responsibility has a big controversy.Due to various reasons such as the diversity of the "delivery of goods without B/L" and the different actors, the "delivery of goods without B/L liability" not only involves carrier, the original bill of lading reality holders may also be to the actual carrier, the carrier agent, port operators and other related liability claims his rights. When "delivery of goods without B/L" dispute, the legitimate bearer in the end claims their rights to whom and demands him to bear what responsibility? In the theoretical circles different scholars have different views. For more in-depth to explore more fully the obligation of the parties in the case that without the original bill of lading for delivery of goods, We will start from the "delivery of goods without B/L" defined and nature to summarize "delivery of goods without B/L" reason and the existence of the form, combined with the specific case from an empirical binding theory discussed in terms of qualitative "delivery of goods without B/L" the responsibility of the responsible person, on this basis, a number of measures were put forward to prevent the "delivery of goods without B/L" risk.In addition to the introduction and conclusion, this article is divided into four parts.The first part focuses on the definition and nature of the "delivery of goods without B/L". Correctly understand and define the "delivery of goods without B/L" is the foundation of discussing issues related to "delivery of goods without B/L", the nature of the "delivery of goods without B/L" related to qualitative issues about the responsible person. In the theoretical circles there is no uniform conclusion on "delivery of goods without B/L" meaning, there is also no law clearly stipulates the "delivery of goods without B/L" meaning and nature. On the basis of the understanding of the bill of lading, this part provides comprehensive and specific definition of the "delivery of goods without B/L" and defines "delivery of goods without B/L" three points. At the same time, in the legal profession on the "delivery of goods without B/L" three properties were described.The second part focuses on summarizing the "delivery of goods without B/L’ reason as well as the "delivery of goods without B/L" the form of the presence. The reasons on producing "delivery of goods without B/L" are complicated. This part describes from the angle of the "delivery of goods without B/L" related people; they are importers, exporters, carriers, and other related people. Second, a wide range of bill of lading and delivery of goods will bring the diversity of "delivery of goods without B/L" form. This part comprehensive summed up the practice of the various "delivery of goods without B/L" form in practice.The third part is the core part of the text, focusing on the "delivery of goods without B/L" form of attribution of responsibility. Attribution of responsibility is on the basis of a responsibility. This part from duty bearers angle, starting from the actual cases, respectively, on the carrier, the actual carrier, carrier agents and other persons responsible for the "delivery of goods without B/L" behavior qualitatively. In which, with regard to the part of the liability of the carrier to bear point out that carrier’s "delivery of goods without B/L" Impunity Reasons, at the same time expand the person responsible of "delivery of goods without B/L" to the port operators, no single delivery and guarantees issued.The fourth part is given in the first three parts of analysis and research on the basis of prevention "delivery of goods without B/L" risk measures and recommendations. The original bill of lading holder exporters and carriers are the most vulnerable to the risk of "delivery of goods without B/L". This part provides exporter and the carrier the appropriate risk prevention measures responsibility and at the same time gives the precautions and recommendations to other related people of "delivery of goods without B/L".