“一带一路”背景下铁路提单的法律支撑

The Legal Support for Railway Bill of Lading under the Background of “One Belt,One Road”

"一带一路"中欧铁路贸易运输需要具有物权凭证特性的运输单证。在政策支持下,一些地方参照海运提单创设了铁路提单,并将铁路提单与改造后的铁路运单组合使用。铁路提单尚未得到商事习惯的认可或者法律法规的承认,将铁路提单和铁路运单组合使用也不可行。鉴于铁路提单商事习惯的形成需要很长时间,目前切实可行的路径是紧扣物权凭证的核心要素,立足提单转让流通、凭单交货提货、运输控制权等方面制定较为系统而具体的规则,从法律上给予确认和支撑,使铁路提单取得物权凭证的地位。在创制铁路提单法律规则时,除了要参照、整合我国《民法典》《海商法》关于海运提单的规定,还要借鉴吸收国际上的有益经验。

"One Belt and One Road"China-Europe railway trade transport requires a transport document which functions as document of title.Supported by the policy,the railway bill of lading has been created in some places with reference to ocean bills of lading,and combined with modified railway waybill.However,the railway bill of lading has not been recognized by commercial practice or by laws and regulations,and combining railway bill of lading with railway waybill is not feasible.In view of the fact that it will take a long time to form the commercial practice of railway bill of lading,the feasible path is to establish more systematic and specific rules,which are based on the core element of the document of title,that is,transfer or negotiation of the document,delivery of goods against the document,right of control under the contract of carriage,etc..This will confirm and support the legal status of railway bill of lading as a document of title.When creating legal rules for railway bill of lading,it is necessary to consult and integrate current laws and regulations on ocean bills of lading in China,and to learn from the advanced international experiences.