선하증권과 상환없는 화물인도에 관한 연구 : 중국 최고인민법원의 판례 분석을 중심으로

This study examines the legal nature and functions of the Bill of Lading (B/L) as a core document in maritime transport, with particular focus on the legal issues arising from the widespread practice of “Delivery Without Original Bill of Lading” in China. As a document of title and negotiable instrument, the B/L not only evidences the receipt of goods and the contract of carriage but also represents the right to control delivery. Accordingly, carriers are, in principle, obliged to release cargo only upon surrender of the original B/L. Yet, in practice, goods are often delivered without its presentation in order to expedite international trade, which frequently leads to disputes among shippers, consignees, carriers, and banks. This paper analyzes the evolution of carrier liability under Chinese law, particularly in light of the 2009 Judicial Interpretation of the Supreme People’s Court of China concerning disputes over delivery without the original B/L. It highlights the development of the dual legal theory of “contractual breach with tortious elements” and examines practical issues such as delivery under straight B/Ls, the liability of issuing banks in letters of credit transactions, the legal effect of shippers’ Letters of Indemnity and Telex Release, and the handling of unclaimed cargo at ports of destination. Through an in-depth study of judicial precedents and legislative developments, this research clarifies the scope of legal responsibilities of the parties involved and proposes practical measures to minimize risks in maritime transport transactions. Ultimately, it aims to enhance legal certainty in international trade and contribute to the modernization of Chinese maritime law.