Railway Bill Of Lading:from The Document Of Title To The Document Of Control

In 2018,the State Council proposed to "support the conditional pilot free trade zone to study and explore the function of giving international railway waybill Title Document".In 2019,the national development and Reform Commission officially used the special term "railway bill of lading".The dispute over Chongqing railway bill of lading in 2020 has triggered extensive discussion on the legal issues of railway documents.The publication of the effective judgment of Chongqing railway bill of lading dispute case provides important materials for the study of the legal relationship of railway bill of lading and opens the veil of the legal nature of "one order system" railway bill of lading.The first chapter takes the first railway bill of lading dispute case as the clue,defines the definition and connotation of the railway bill of lading discussed in this paper,introduces the "one order system" and "single track system" modes,and puts forward the question to be studied in this paper: is the railway bill of lading being used in the practice of international railway freight transportation a document of title?How to improve the railway bill of lading being used in the practice of international railway freight transportation and make it achieve the goal of creating railway bill of lading?The second chapter takes the railway bill of lading dispute case and the "one order system" business model as the research object,investigates the process in which the holder uses the railway bill of lading to complete the transfer of goods ownership and set the pledge right in the practice of international railway cargo transportation,discusses the reason why the railway bill of lading is mistaken as the document of title from the illusion of the document of title of the railway bill of lading,and explains that the railway bill of lading is not the essence of the document of title.In the process of ownership change in the stage of in transit trade of international railway cargo transportation,instruction delivery is the reason for the change of property right.The "one order" railway bill of lading is only a document of claim for delivery and does not participate in the change of ownership.In the establishment of pledge in the financial stage of international railway cargo transportation,the pledge agreement plus delivery of railway bill of lading can not set the right pledge.When the chattel pledge is established with the goods under the bill of lading,the completion of instructed delivery is the reason for the establishment of chattel pledge.As a formal carrier,the "one order" railway bill of lading carries the transfer notice of instructed delivery,which is the form of establishing chattel pledge.The use of "one order system" railway bill of lading must have the situation that the owner or Pledgee of goods is not the holder,so it is difficult to establish the inevitable relationship between the real right of goods and the holding of railway bill of lading.The third chapter demonstrates the real need of creating railway bill of lading and the value of control.It is pointed out that the purpose of creating railway bill of lading is to promote the circulation of goods in transit in the trade stage and promote the establishment of pledge in the financial stage,so as to improve the capital utilization efficiency in the international railway cargo transportation activities.The function of designing and inspecting railway bill of lading should focus on the purpose of creating railway bill of lading.It is demonstrated that the core function of railway bill of lading does not have to be a document of title,but also a document of control over the control and possession of goods under the bill of lading.It also demonstrates the value of creating Railway cargo control right: first,cargo control right can effectively strengthen and supplement the holder’s control and possession of goods in transit;The second is to limit the shipper’s right of control over the goods enjoyed by the shipper who leaves the bill of lading in accordance with the civil code,so as to prevent the shipper who leaves the bill of lading from interfering with the holder’s control and possession of the goods.The fourth chapter chooses the path of creating railway bill of lading as the "double track system".This paper demonstrates the feasibility of creating the cargo control right of railway bill of lading through the "double track system".The legal nature of the cargo control right is consistent with the claim right of delivery right.Both are creditor’s rights.The cargo control right of railway bill of lading can be created through the "double track system",and the legitimacy of the "double track system" path has been confirmed by the court of Liangjiang District,Chongqing.The time for the "single track system" path is not ripe.We should avoid amending the provisions of the international cargo agreement and the International Cargo Association that the railway waybill does not have the function of document of title,and create the rules of cargo control of railway bill of lading through the contract through the "double track system" path,which is more efficient and effective.Based on the provisions of article 829 of the civil code and the special chapter on the right of control of goods in Rotterdam Rules,and drawing lessons from the experience of creating the function of bill of lading delivery by voucher in the "one document system" business model,this paper designs the specific rules of the right of control of goods in railway bill of lading from the content of the right of control of goods,the identification of the controller and the transfer of the right of control.