一、引言随着改革开放,我国对外的贸易交往越来越多,进出口货物量尤其是海运货量猛增。由于原有外贸管理体制的不完善,有关法规制定的不健全,致使在进口贸易中,因无正本提单在港口提货发生的纠纷案件不断增多,而且案件涉及的货物价值金额巨大(往往在百万美元以上),法律关系非常复杂。在实践中提货形式五花八门, I. Introduction With the reform and opening up, more and more trade exchanges have taken place between China and foreign countries, and the volume of import and export goods, especially the volume of seaborne cargoes, has soared. As the original foreign trade management system is not perfect, the laws and regulations are not established, resulting in the import trade, no original bill of lading in the port delivery of the dispute occurred in the growing number of cases, and the case involved a huge amount of value of the goods (often in millions U.S. dollars), the legal relationship is very complicated. In practice the delivery of a wide range of forms,