Coexistence mode of electronic and traditional paper bills of lading to regulate goods delivery without bill of lading in China

摘要

Delivery of goods without bill of lading is a very difficult problem in maritime law field.It can not only shake the foundation of the bill of lading system, but also affect the function of bill of lading.Some scholars have theoretically put their discussion emphasis on the transport document innovation, and tried to regulate delivery of goods without bill of lading by the adoption of sea waybill and introducing electronic bills of lading.Paper bill of lading, sea waybill and electronic bill of lading have different effect on regulation delivery of goods without bill of lading, which are mainly reflected in five aspects, that is, security, transfer speed, economy, legal support and scope.To regulate delivery of goods without bill of lading, three transport documents are quantitatively analyzed, and achieved the superior or inferior rank by the construction of judgment matrix in analytic hierarchy process.The final conclusion of the study can guide legislators to choose the best mode to legally regulate delivery of goods without bill of lading.China should adopt coexistence mode of traditional paper bill of lading and electronic bill of lading in order to regulate goods delivery without bill of lading.