A study on the Improvements and Development of Electronic Bill of Lading in China

China is South Korean’s biggest trade partner, and the trade value between these two countries has increased 33 times for the 25 years. From the founding of Free Trade Area of China and South Korea, to the establishing of Maritime Silk Road among the Belt and Road Initiatives, and even to the vigorous development of cross-border e-commerce, all these have brought up new opportunities to the business of shipping and more challenges as well. The Bill of Lading is an essential part of maritime trade. Compared with the traditional bill of lading, the electronic bill of lading has its advantages in efficiency, safety and cost-saving. Therefore, the study in electronic bill of lading’s legal issues under China’s actual circumstances is, in fact, to study the development trends of future maritime trade, which will bear a certain academic Value. I was studying in South Korea, an early beginner and more developed country in the business of shipping. During my preparation of this thesis, through the comparison of the current bill of lading and EDI articles of law between China and South Korea, and among the legislations of bill of lading in other international organizations and countries, I try to find out the shortcomings of China’s legislation in electronic bill of lading and offer suggestions to improve the legislation. I will locate the legislation problems by analyzing two specific cases. This will generate a positive practical significance to the electronic bill of lading’s development in China and the comprehensive elevation of China’s shipping industry.Chapter I Introduction 1 1.1 Background and Purpose of Research 1 1.2 Method and Significance of Research 2 Chapter II Theoretical Investigation of Electronic Bill of Lading 4 2.1 traditional Bill of Lading and Electronic Bill of Lading 4 2.1.1 Meaning of traditional bill of lading 4 2.1.2 Electronic data interchange system (EDI) 6 2.1.3 Meaning and Background of Birth of the Electronic Bill of Lading 7 2.1.4 Operating model of Electronic Bill of Lading 8 2.2 Relevant Laws and Regulations of Electronic Bill of Lading 16 2.2.1 Corresponding legislation within the countries 16 2.2.1.1 Legislative status in the United States 16 2.2.1.2 Legislative status in Singapore 18 2.2.1.3 Legislative status in the United Kingdom 18 2.2.1.4 Legislative status in Australia 18 2.2.1.5 Legislative status in South Africa 19 2.2.1.6 The current situation of legislation in Japan 20 2.2.2 International legislations 21 2.2.2.1 CMI Rules on Electronic Bills of Lading enacted by the Comité Maritime International 22 2.2.2.2 Model Law on Electronic Commerce enacted by the United Nations Commission on International Trade Law 23 2.2.2.3 CMI/UNCITRAL Preliminary draft instrument on the carriage of goods by sea 24 2.2.2.4 Provisions of Rotterdam rules on Electronic Bill of Lading 25 2.2.3. The Development of Korean Electronic Bill of Lading and the Korean Legislations 28 2.2.3.1 The Development and legislation of EDI and E-commerce in Korea 28 2.2.3.2 Legislation on Electronic Bill of Lading in Korea 29 2.2.3.3 Korea Electronic Bill of Lading system 35 Chapter Ⅲ Provisions and Legislations of Electronic Bill of Lading in China 37 3.1 Electronic Bill of Lading in the Chinese laws 37 3.1.1 Contract Law of the People's Republic of China 37 3.1.2 Provisional Regulations for the Implementation of Electronic Data Interchange (EDI) in the Foreign Trade of Guangdong Province 38 3.1.3 Electronic Signature Law of the People's Republic of China 40 3.1.4 E-commerce Law of People's Republic of China (draft) 42 3.2. Reference to international laws, problem about Legislation of Electronic Bill of Lading in China 43 3.2.1 Issues related to the definition of "data messages" and Electronic Bill of Lading 43 3.2.2 The problem of Electronic signature 45 3.2.3 Legal issues related to intermediary services of Electronic Bill of Lading (Registration Institution) 48 3.2.4 The legal problem of Electronic Bill of Lading realizing the function of traditional Bill of Lading 51 3.2.5 Problem about jurisdiction of the Electronic Bill of Lading 54 3.3 Comparison Regulation of Electronic Bill of Lading between China and Korea 60 3.3.1 The advantages and disadvantages of Korean Electronic Bill of Lading system 60 3.3.2 Compare the legislation between Korea and China. 61 3.3.3 Suggestions of legislation in China 62 Chapter Ⅳ Case of Electronic Bill of Lading in China 66 4.1 On the evidentiary effect of Electronic Bill of Lading from "the first case of China's Electronic signature" 66 4.1.1 The details of case and proceedings 66 4.1.2 Case Analysis and consideration on the evidential Power of Electronic Bill of Lading 67 4.1.3 Provisions on the validity of evidence of Electronic Bill of Lading（international） 70 4.1.4 Only for the development of electronic bill of lading, there are still several problems in the legislation of Electronic Evidence in China. 76 4.1.5 My legislative suggestions 76 4.2 Analysis on the Security of Electronic Bill of Lading caused by a case 79 4.2.1 Case introduction 79 4.2.2 Case analysis 80 4.2.3 Network security and Electronic Bill of Lading 81 4.2.4 Legislation on network security in countries all around the world (to name just a few) 84 4.2.5 Legislation and problems related to cybercrime and network security in China 86 4.2.6 The Legislative consideration of China's Network Security Law referring to the key system in Korea's Network Security Law 88 Chapter Ⅴ Suggestions of Regulation for China Electronic Bill of Lading 94 5.1 Suggestions for amending China's Maritime Law 94 5.2 China Electronic Bill of Lading law (draft) 97 Chapter VI Conclusion 103 Chapter Ⅶ References 106 Chapter ⅦI Acknowledgements 113Maste

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