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提单流转后,关于托运人对承运人是否享有诉权的问题,理论争议很大,而且司法实践中各法院的做法也是大相径庭。《海商法》78条涉及了托运人诉权,但就托运人在提单流转后对承运人是否还享有诉权未作出明确规定。然而否定托运人对承运人诉权既与我国现有法律体系的规定相矛盾,也与司法审判工作的核心要求背道而驰。承认托运人诉权,利于对我国出口商的保护,可以使其更好应对国际贸易的风险和挑战。
After the bill of lading circulated, there was a lot of theoretical controversy over whether the shipper should have the right to sue for the carrier, and the practices of the courts in judicial practice were also very different. Article 78 of the Maritime Code deals with the right of the shipper to file a complaint, but no clear stipulation has been made on whether the carrier still has the right to file a complaint after the bill of lading circulates. However, denying the carrier’s right to sue for the carrier conflicts with the existing legal system of our country and runs counter to the core requirements of judicial adjudication. Admitting the right of the shipper to sue for the benefit of the exporters of our country can make it better able to cope with the risks and challenges of international trade.