What Is an Affidavit of Loss?

Bill of lading fraud is a form of maritime fraud. With the increasing prosperity of international trade, the status of ocean shipping is becoming more and more important. The subsequent cases of bill of lading fraud have gradually increased. Bill of lading fraud has seriously affected the normal development of international trade activities. .

Bill of Lading Fraud

Bill of lading fraud is a form of maritime fraud. With the increasing prosperity of international trade, the status of ocean shipping is becoming more and more important. The subsequent cases of bill of lading fraud have gradually increased. Bill of lading fraud has seriously affected the normal development of international trade activities. .

Chinese name

Bill of Lading Fraud

Foreign name

The bill of lading fraud

Affiliation

Maritime fraud

influences

Seriously affects international trade activities

History

Hundreds of years

Bill of lading fraud refers to maritime fraud using reversed bill of lading and advance bill of lading, etc. This kind of fraud has become the main form of maritime fraud. The bill of lading is used to prove

It is precisely for the above reasons that bill of lading frauds often occur frequently and are very serious, which has constituted a threat to various circles such as international trade and shipping.

International Convention on the Prevention of Bill of Lading Fraud

At present, there is no international convention with universal observance against bill of lading fraud. Therefore, it is necessary to formulate an international convention specifically to deal with bill of lading fraud, and legally seek to maintain the order of international trade and shipping. Such an international convention should contain provisions for:

(1) Definition of bill of lading fraud, crime of bill of lading fraud, jurisdiction and extradition;

(2) Penalties for fraud related to use and bill of lading;

(3) Preliminary examination;

(4) Notice to fraudulent organizations dealing with bills of lading;

(5) Application of international conventions.

In recent years, China's import and export trade has developed rapidly, but at the same time, it is also deeply affected by maritime fraud, especially bill of lading fraud. Therefore, we should actively promote the introduction of international conventions to achieve a certain unity in punishing maritime fraud criminals around the world, making it difficult for fraudsters. Escape the international law network and create a good international legal environment for China's trade security.

Bill of Lading Fraud Domestic Legislation

At present, the maritime powers such as Britain and the United States have relatively comprehensive legislation on bills of lading, but China does not have a law specifically for bills of lading, and the legal profession has no specific concept of bills of lading. The judicial authorities generally apply the General Principles of Civil Law and Civil Procedure. Law and the Criminal Procedure Law ^[1] and other related provisions often lead to the focus on criminal sanctions, there is no focus on economic punishment and recovery of economic losses, and meanwhile, the penalties for bill of lading fraud are relatively minor, which will undoubtedly bring great harm to fraudsters The empty space can be drilled. Therefore, it is necessary to formulate corresponding laws and regulations so that punishment of maritime fraud crimes can be urgent. In view of the unique characteristics of bill of lading fraud compared with maritime fraud, the formulation of the bill of lading law should address several issues. The first is the nature of the bill of lading, what role the bill of lading has, what rights and obligations it represents; and secondly, the rules of operation of the bill of lading. Questions, how to issue, transfer, cancel the bill of lading, how to deal with the agent of the bill of lading, how to modify the bill of lading and how to deal with the loss of the bill of lading, etc .; again, the parties to the bill of lading, how to determine the subject of the bill of lading relationship; Various acts of the law provide for punishment. For the sake of transaction security, this law should be enforced and the parties should not be allowed to agree to exemptions. In addition, the responsibilities of the fraudster and the negligent should also be specified, including civil, administrative, and criminal liability. In terms of civil liability, civil liability shall be borne in accordance with the tort, and damage to property shall also be compensated. In terms of administrative liability, the negligence of duties of certain unit heads or staff members, the use of power for personal gain as a fraudulent party, and opportunities for the state and Units that cause losses shall be subject to administrative sanctions. If the circumstances are serious and constitute a crime, their criminal liabilities shall be investigated in accordance with the law.