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一、困惑与解除困惑的企图:以“无单放货”问题为例证传统提单法律制度下信守“凭单放货”的理念。如果承运人等主体无单放货,其危害是对传统提单法律制度造成冲击,破坏提单制度、扰乱交易安全。近年来无单放货案件所引发的提单理论与实践的冲突与困惑愈演愈烈,学者对此提出了诸多的观点。然而,这些观点似乎并没有取得令人满意的效果。笔者在追问:何
I. Puzzle and Puzzle Pursuit: Taking the issue of “delivery without bill of lading” as an example, the concept of keeping the “voucher delivery” under the legal system of traditional bill of lading is taken as an example. If the carrier and other entities without the delivery of goods, the harm is the impact on the legal system of traditional bill of lading, undermining the bill of lading system, disrupting transaction security. In recent years, the conflicts and confusion between the theory and practice of bills of lading, which are caused by non-B / L delivery cases, have intensified. Scholars have put forward many opinions on this issue. However, these views do not seem to have yielded satisfactory results. The author is asking: what