货代提单的法律性质及其实践问题略析

On the Legal Nature and Practical Issues of Freight Bill of Lading

在我国现行法下，货代企业在实践中扮演着货运代理人和无船承运人的双重角色，这导致了人们在辨析其作为不同的主体所参与的不同法律关系时存在较大的困难。而货代企业基于不同身份所签发的提单的法律性质和法律效力为何，同样难以廓清。必须区分货运代理人和无船承运人这两个不同角色的业务、法律依据和权利义务，从而进一步认清货代提单的法律性质。同时，实践中应当明确未取得无船承运业务经营资格而以无船承运人身份签发的提单具有私法上的法律效力，并且不能仅因无船承运人签发的提单未经行政报备而认定其无效。

In current law, the freight forwarding business plays both the roles practice, which led to the difficulties in the analysis of the different legal relati gal nature and force of the Bill subjects are equally difficult to of Lading of freight forwarder and NVOCC in onship it participates in. And the lethe freight forwarding enterprises issued based on the identity of different clear. The need to distinguish between two different roles, freight forwarders and NVOCC and the legal basis for the rights and obligations is to get a clearer understanding of the legal nature of the freight bill of lading. At the same time, it should be clear out in practice that the binding of freight bill of lading issued by the freight forwarding business which does not achieve the quality as non -vessel -operating subject may be admitted on private law, and may not assert it null and void just because of its being issued by Nvocc without being put on record.