铁路运单与“铁路提单”收货人权利辨析——以“一带一路”倡议为背景

Rights of the Consignee under the Consignment Note and the “Railway Bill of Lading” in the Context of the Belt and Road Initiative

自"一带一路"倡议提出以来,中国陆上国际贸易越来越发繁荣,但铁路运单缺乏物权凭证功能,阻止了陆上国际贸易进一步发展。铁路运单项下的收货人只享有合同变更权等债权权利,而"铁路提单"项下的收货人则享有债权与物权的一系列权利。因此,铁路运单与"铁路提单"项下的收货人的权利同中有异:一方面,两者基础法律关系,具体权利有所重合;另一方面,后者涉及物权关系,货物管控能力更强,国际融资功能更高,这将对国际陆上贸易大有裨益。然而,目前"铁路提单"设想仍缺乏法律支撑。为此,我国应开展相关商业实践,提供国内立法与司法支持,引领国际规则创设,推动"铁路提单"制度尽快落地。

Since the Belt and Road Initiative was put forward, China’s international landbased trade has become more prosperous, but currently the consignment note lacks the function as title document, which hinders the further development of international landbased trade. The consignee under the consignment note is only entitled to the right to change the contract and the right to claim the delivery of the goods, while the consignee under the "railway bill of lading" shall be entitled to a series of rights in the dual categories of credit and property rights. The similarities and differences in the rights of the consignee under the consignment note and the "railway bill of lading" coexist. On the one hand, the basic legal relationship and specific rights of the two overlap. On the other hand, the latter also involves the relationship of property rights, the ability of the latter to control cargo is stronger,and the international financing function of the latter is also higher. If the legal system for international transportation establishes the "railway bill of lading", entitles the consignee with property rights, it will be of great benefit to international land-based trade. However, such legal support is absent. China could provide domestic legal support, carry out relevant business practices so as to implementation "railway bill of lading" as soon as possible.