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Legal Research on Electronic Bill of Lading Circulation Mechanism

Author: YuFeiFei
Tutor: TangQingYang
School: Southwest University of Political Science
Course: Legal
Keywords: Electronic bill of lading circulation mechanism Register Control
CLC: F740.4
Type: Master's thesis
Year: 2011
Downloads: 60
Quote: 0
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Abstract

Traditional business practices of the bill of lading and the legal system after the operation of the centuries, has formed a high degree of uniformity of international legislation and international practice on the bill of lading, the Hague - Visby than the rule \Functional diversity of the biggest advantages of the bill of lading, especially the bill of lading the rights certificate function of not only the flow of goods in the transport bill of lading described, but also to make the bill of lading as collateral with documentary credits and maritime trade finance . However, due to the rapid development of communication technology and maritime technology greatly improve the speed of the ship's navigation, shorten the shipping cycle, at the same time modern container handling technology to significantly shorten the ship in the port of stagnation, but the turnover cycle of the bill of lading did not shorten This leads to the \Than the goods reach the port of destination in advance is one of the living conditions of the bill of lading, and has faced the threat may no longer exist, and the gradual loss of vitality of the traditional bill of lading. To change this situation, adapt to the development of e-business globalization, e-commerce began to be applied to the field of maritime transport of goods, the successful combination of EDI technology and traditional bill of lading under electronic bill of lading. Electronic bills of lading greatly saves manpower costs, and to speed up the transfer speed of the bill of lading, the cargo to the single yet to come, \The end of the 20th century, the successful operation of the of the Bolero electronic bill of lading circulation mechanism of the electronic bill of lading to use in the field of maritime transport of goods to enter the stage of rapid development, electronic bill of lading is a general trend to replace the traditional bill of lading. Electronic bill of lading has many advantages compared to the traditional bills of lading, but the practice of electronic bills of lading not yet a mature business practices, specific legal norms for the operation of electronic bills of lading are still in a blank state, it is necessary circulation of electronic bills of lading liquidity The machine production delve into. The text is divided into four parts, two thousand words. The first part of this paper briefly discusses the definition of electronic bills of lading, and then use the principle of functional equivalence detailed analysis of the electronic bill of lading should have pointed out that electronic bills of lading legislation and practice gaps, and through the introduction of electronic bills of lading legislation, then Intro electronic bill of lading project SeaDocs CMI Rules on Electronic Bills of Lading and Bolero electronic bills of lading circulation mechanism failed or successful. The second part introduces the basic legal principles of the electronic bill of lading circulation mechanism focuses on the concept of \on the specific demonstration of the advantages of registration mechanism for electronic bill of lading transaction tracking mechanism to show that the reason I tend registration mechanism. The third part of a detailed analysis of several aspects Bolero mechanism (bill of lading electronic registration organization) architecture and legal principle, evaluation of the electronic bill of lading liquidity mechanism to achieve reasonable security, and that the prospects for the development of the author of the mechanism or even whether The evolution of business practices to be optimistic. The fourth part of the electronic bill of lading circulation mechanism put forward legislative proposals in the expectations of international and domestic legislative bodies can be extracted from the Bolero mechanisms successful experience of electronic bills of lading practice and perfect the legal norms of the electronic bill of lading circulation mechanism, the proposed mechanism of electronic bill of lading circulation The core content of registration mechanism to make specific provisions, including the contents of the registering party eligibility requirements for registration act, as well as the registration of the legal effect of to make deterministic laws, in order to adapt to the future development trend of electronic bills of lading.

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