中欧班列铁路提单存在问题与对策研究

Research on Problems and Countermeasures of Bill of Lading for China-Europe Railway Express

中欧班列的开通促进了陆上贸易的繁荣,陆上贸易的扩大又进一步催生了各贸易主体利用运输单据融资的需求,然而目前铁路提单还存在着物权属性依赖意思自治、贸易主体信用证融资困难、适用范围狭窄等问题。深入研究铁路提单在运转过程中货款、货物和单据三者关系的不平衡以及铁路提单的法律缺失问题,据此提出加强国际合作赋予铁路提单以物权属性、提高信息化水平实现信息实时共享、创新金融模式平衡贸易主体的风险和利益等措施以促进铁路提单的广泛使用,提升贸易效率。

The opening of the China-Europe freight train has promoted the prosperity of land trade, and the expansion of land trade has further stimulated the needs of various trade entities to use transport documents for financing.However, at present, railway bills of lading still have property rights that rely on autonomy of will, and difficulties in financing for trade entities using letter of credit,narrow scope of application and other problems.According to research, it is found that the imbalance of the relationship among money,goods and bill of lading in the operation of the railway bill of lading and the legal lack of the railway bill of lading are the main reasons for the current problem. The attributes of property rights, improving the level of informatization to realize real-time sharing of information, and innovating financial models to balance the risks and interests of trade entities will promote the widespread use of railway bills of lading,improve trade efficiency.