论中国的提单物权性(英文)

Bill of Lading as a Document of Title in China

提单物权性是提单的主要特征.首先从理论上浅析了提单物权性的含义、功能和种类.其次,论述了提单物权性在中国的司法实践,尤其是记名提单的物权性.对于记名提单的物权性,虽然在中国无论是理论还是实践尚无定论,但近来认为记名提单不具有物权性的观点占主导地位.通过比较分析,建议提单物权性应当维护,记名提单应具有物权性,承运人应承担无单放货的责任。

A document of title is one of the main characteristics of the bill of lading. In this paper, the author shares his insight regarding relevant theories of document of title, followed by discussing on judicial practice of a document of title in China, particularly the straight bill of lading. It has been a commonly accepted point of view that a straight bill is not a document of title as legislated in Chinese maritime law, which has been practiced in China＇s courts in spite of not being fully affirmed up to this day. Considering the current status of a document of title in the maritime law of China, the author points out that a straight bill should be treated as a document of title, and protecting the bill of lading system should be further enhanced.