对提单的物权凭证功能的再思考

This paper lists the major theories in this subject now prevailing in China with comments on each of them at a later stage, expounds the meaning of the right of goods and the document thereofon the basis of the civil law, explores the real meaning of the termof "document of title" under common law with the c0nclusion that itcorresponds to the document of ownership of goods under Chinesecivil law. It then concludes that a negotiable bill of lading is a conditional document of 0wnership of the goods mentioned therein withdetailed analysis of the reasons of this function. The paper also illustrates the aspects that this function affects mainly in the matters ofinternational trade law and recognizes that this function of bill oflading is no more imp0rtant than it was.