倒签提单的若干法律问题研究

倒签提单是航运贸易中常见的一种海事欺诈行为，它严重扰乱’了正常的海运经济秩序。倒签提单具有违约和侵权的双重性质。考虑到提单的商业流通性和保护善意第三人的利益，将倒签的提单确认为仍然是有效的运输合同的证明和物权凭证更为合适，也更能与现实的贸易实践相吻合。基于追究承运人倒签提单的违约之诉和侵权之诉的不同，一般应结合具体的案件情况，选择时自己较为有利的一种。

On some legal questions of anti-signed bill of lading (B/L)

Anti-signed B/L is a act of common admiralty swindle in navigate transport. It disturbed the normal ocean shipping economic order seriously. Anti-signed B/L have double quality of break a contract and tort. Think of the circu lation of commerce of B/L and in order to protect the profit of in good faith, it is more suitable to confirm the anti-signed B/L as a effective transport contract certificate and goods right, and more identical with trade practice in reality. Based on the different in lawsuit of break a contract and tort when we investigate the carrier anti-signed B/L , we should accorde specific case to choose one that more advantageous to ourselves.