Orientation And Construction Of The Real Right Function Of Railway Bill Of Lading

The "One Belt,One Road" initiative and the operation of "China-Europe Railway Train" not only promote the prosperity of trade along the route,but also promote the reform of international railway transport rules.For a long time,international railway transport mainly relies on railway waybill,but in the new development background,The attributes of railway waybill as both receipt of goods and evidence of transport contract cannot meet the huge trade demand.As it does not have the function of document of title of ocean bill of lading in carriage of goods by sea,it cannot be used as a valid letter of credit financing document in the process of international trade.In order to achieve the soft connection of the facilities of the "One Belt,One Road" initiative and ensure the efficient and smooth land trade,the existing railway transport rules urgently need to be improved.At present,some scholars have proposed that we should learn from the rules and mechanism of ocean bills of lading,apply its function of document of title to the field of railway transport and establish railway bills of lading.However,most of the viewpoints stay at the level of "how to build",such as whether it is necessary to build,the mode of LBL,the specific rules of operation and so on.Most of them refer directly to the document of title function of ocean bill of lading,which also deviates from the basic research logic.We should first clarify and grasp the connotation and nature of the research object,and then discuss how to construct it.This thesis is completed under the guidance of this idea.This thesis is mainly composed of introduction and body,the content of the body is composed of five chapters.The first chapter mainly analyzes the problems caused by the lack of function of real right of Railway Bill of Lading.Because Railway Bill of Lading is a kind of trade document created by China,it is still in the exploring stage,so the origin and operating mechanism of Railway Bill of Lading are introduced firstly.Extensive attention has been paid to the Railway Bill of Lading from the trial implementation of Chongqing Pilot Free Trade Zone,to the support of policies issued by the Ministry of Commerce,the National Development and Reform Commission and other state organs,and to the active promotion of the Railway Bill of Lading by the Chinese delegation at the international level.But the legal background of RBL is not optimistic.It lacks the approval and support of commercial customs,laws and regulations,and it is not in harmony with some existing rules and mechanisms.The operation mechanism of RBL is mainly in the mode of superposition of RBL and WB.With the operation of China-Europe Railway Bill of Lading,Railway Bill of Lading has been widely used.However,the first case of Chongqing Railway Bill of Lading has exposed some problems,such as the lack of the real right function of Railway Bill of Lading,which leads to the conflict of law,reduces the transaction efficiency and hinders the land trade.The second chapter mainly locates the real right function of the railway bill of lading.The international railway transportation has the characteristics of long distance,long time and large capacity,which is similar to the maritime transportation and has the same real right function as the maritime bill of lading,Therefore,the document of title function of the ocean bill of lading is imitated by the railway bill of lading.However,the property right function of a marine bill of lading shall be re-positioned due to the existence of disputes over such function and the direct reproduction thereof may conflict with the principle of statutory property right.It is believed through demonstration and analysis that as the maritime bill of lading has the function of property right securities,the property right function of railway bills of lading shall be analyzed from the perspective of property right securities and the jurisprudential basis thereof shall be explored.It is believed that the property right function of railway bills of lading shall be defined as property right securities.The third chapter mainly discusses the function of document of title in railway bill of lading as security of title.From the angle of function,the thesis puts forward that the document of title is the document of possession in the field of contract for international sale of goods and the document of right pledge in the field of international settlement.And the possession certificate and the right pledge certificate are discussed separately.First of all,distinguishing the actual property right represented by the railway bill of lading is helpful to clarify the ownership of goods,settle disputes and end disputes,and it is very important to establish the rules of property right.Based on the dispute between the certificate of possession and the certificate of ownership,this thesis discusses the real right function of the railway bill of lading in the contract of carriage of goods by rail.Chapter Ⅳ of the thesis is mainly focused on the function of circulation voucher in the function of railway bill of lading as real securities.After making it clear that the railway bill of lading is a kind of circulation voucher,the negotiability of the railway bill of lading is analyzed.It further clarifies the negotiability of railway bills of lading,points out the function and negotiability of railway bills of lading as possession documents thereof,so as to ensure the transfer of rights and interests and property rights of bona fide transferee and facilitate the effective negotiation of railway bills of lading.Thirdly,the specific circulation rules of railway bill of lading are discussed,mainly involving the circulation situation,circulation method and legal effect of railway bill of lading.The fifth chapter mainly analyzes how to construct the function of real right security of railway bill of lading.First of all,it sorts out the legal obstacles in the process of cognizance of the function of real right security of railway bill of lading.It lacks the support of law or custom in the international law,faces the legitimacy crisis in the domestic law,and is not perfect in the relevant supporting rules.Aiming at these problems,this thesis puts forward the pertinent rules from the two dimensions of international law and domestic law in order to realize the land document trade.