Research On The Legal System Of Railway Bills Of Lading Under The Background Of "One Belt And One Road"

The railway bill of lading is a new type of land transport document created in practice to solve the shortcomings of the traditional railway waybill.However,the railway bill of lading is a product of commercial practice,and there is no clear stipulation in the positive law.There is still no unified understanding of its connotation,nature and function.The definition of railway bill of lading,the definition of railway bill of lading holder,the Issues such as the legal nature of railway bills of lading and the rights enjoyed by the holders of railway bills of lading remain controversial.Under the background of the "One Belt,One Road" initiative,the research on the railway bill of lading system will provide an institutional guarantee for the development of the "New Silk Road Economic Belt".Therefore,this article takes the "Railway Bill of Lading Case No.1" in Chongqing as an example to find out what kind of rights the holder of the railway bill of lading has in judicial practice,and the nature and constituent elements of the right are unclear.In order to solve the above questions,this paper studies the legal system of railway bills of lading from the perspective of the rights of railway bills of lading holders.The first chapter of this paper clarifies the basic concept of the railway bill of lading system.Firstly,it demonstrates the necessity and legitimacy of establishing the railway bill of lading system,secondly,it expounds the basic connotation of the railway bill of lading,and finally discusses the definition of the railway bill of lading holder.The above discussion is the basis for the follow-up research.The second chapter of this paper mainly analyzes the legal nature of the railway bill of lading.First of all,this paper sorts out the theory of the nature of the ocean bill of lading,and finds that there are the theory of real right certificate,ownership certificate theory,possession certificate theory,creditor’s right certificate theory,and marketable securities theory in the ocean bill of lading.After analyzing and commenting,it finally came to the conclusion that the ocean bill of lading is a kind of negotiable securities.Secondly,this paper sorts out the current theoretical research on the nature of railway bills of lading,finds that the document of title is the mainstream view,and analyzes the reasons for this theory.Finally,this paper proposes that the railway bill of lading is a kind of securities.Only after the legal nature of the railway bill of lading can be determined,the specific content of the rights of the holder of the railway bill of lading can be studied.The third chapter of this paper analyzes the rights content of the holder of the railway bill of lading,which mainly includes the right to claim the delivery of goods,the right to control the goods and the right to claim for damages.The railway bill of lading holder’s claim for delivery of goods is a legal claim in nature,the subject of the claim for cargo delivery is the railway bill of lading holder,and the counterparty is the freight forwarder.The right to claim the delivery of goods also has a certain "mandatory".This paper demonstrates the necessity of confirming that the holder of the railway bill of lading has the right of control.From the provisions of international treaties such as the Rotterdam Rules,combined with specific practice,it demonstrates the feasibility of the holder of the railway bill of lading to enjoy the right of control.As for the right to claim damages for the holder of the railway bill of lading,this paper mainly explains from the point of view of releasing goods without a bill of lading,and analyzes the reasons for releasing the goods without a bill of lading,the nature of the responsibility,the constituent elements of the responsibility,and the determination of the scope of damages.The fourth chapter of this paper summarizes the opinions of the full text,points out the specific risks of the protection of the rights of the holders of the railway bill of lading at the present stage,and puts forward legislative suggestions for the protection of the rights of the holders of the railway bill of lading in the future,including improving the definition of legal concepts,guaranteeing Control of goods and the establishment of a supervision system for the issuance of railway bills of lading.