On The Real Right Of International Railway Freight Documents

International rail freight is pretty critical to international trade.In traditional international freight,air freight has not been the main choice for international freight for a long time due to inherent disadvantages such as high unit price,small volume,and low passability.Sea freight has disadvantages such as long transportation time,large weather influences,and limited reach.It is difficult to meet the needs of transportation of goods which are high-value,time-sensitive,and large-volume(such as laptops,etc.).Railway freight has the advantages of large volume,short transportation time,strong passing and reachability,etc.,and theoretically should be the best choice for international transportation of high-value,time-sensitive,and large-volume goods such as laptops.,Should also be the first and only choice for landlocked countries and regions to develop foreign trade.However,due to the lack of freight documents with property rights similar to ocean bills of lading,the safety of railway freight in transit is facing challenges and its circulation It is difficult to perform functions and financing functions,which greatly dampens the enthusiasm of business entities pursuing efficiency and benefit.Therefore,international railway freight has not been able to play its due role and obtain its due status.Therefore,as international trade,especially land-based international trade,is booming,we ought to put more attention to developing international rail freight,and promote the realization of international rail freight documents and evidence to a key position.For our country,the development of international rail freight also has great significance in maintaining national strategic security,promoting the deepening of reform and opening up in the vast inland areas,and the realization of the great vision of "One Belt and One Road".Therefore,our country should actively undertake to promote international rail freight documents.The important task of property rights and its development.In fact,the realization of the property rights of international railway freight documents is completely achievable.On the one hand,there are no absolute theoretical obstacles to its creation.In fact,the problem of the property rights of international railway freight documents is the problem of expressing the right of control of goods through documents.The core lies in the two levels of legal effect of delivery of goods without notice and the transfer of documents without notice.In the kingdom of civil law(especially commercial law),private will is the supreme law between the parties as long as the law is not prohibited,that is,the requirement of delivery by voucher can be fully realized through the autonomy of the private law of the parties;the transfer document is the occurrence of the delivery of property rights.The legal effect perfectly complies with the requirements of instructed delivery,and all countries and regions(including China)have basically recognized similar rules that require no notification of ocean bills of lading,and commercial law rules are mostly developed from commercial customs,so the second level of requirements is in Theoretically,it can also be achieved.The development trend of the statutory relaxation of modern property rights provides the best opportunity for the property rights of international railway freight documents.In addition,our country has put up many policies and carried out a series of pilot projects to promote the work of international railway freight documents.The Chinese courts have also established support for international railway freight documents through the "Railway Bill of Lading".The basic attitude can be said to provide good practical support for the ownership of international railway freight documents.At present,the best choice for the ownership of international railway freight documents should be to construct a railway bill of lading system similar to the ocean bill of lading,because the two are not much different in essence except for the different modes of transportation.Taking into account the respective system values of the railway waybill and the multimodal waybill and the current status of the separation of the waybill system,combined with semantics and language conventions,the railway bill of lading should be the best choice for presenting international railway freight materialization documents.With reference to the ocean bill of lading,the railway bill of lading should contain at least three connotations of the property right certificate,the goods receipt and the transportation contract certificate,and has the four functions of delivery,circulation,financing and evidence.However,with the deepening of understanding and the needs of real development,the railway bill of lading In fact,it should be an integral part of the transportation contract.In addition,some important types of bills of lading in international railway freight need to be distinguished in order to guide the practical application of the three important railway bills of lading:instruction bill of lading,loading bill of lading,clean bill of lading.