Study Of Guarding And Judicial Remedy On Letter Of Credit Fraund

Except the abstract and postscript, the thesis is divided into four chapters, result in 50,000 words. The first chapter focuses on the description of concept, condition of establishment, legal connotation, standard of identification of Letter of Credit Fraud. The first chapter also introduces concept, characteristic, legal relationship of parties involved in Documentary Letter of Credit.Second chapter analyzes reason of Letter of Credit Fraud. The reasons are quite complicated, including loophole in the internal operation mechanism of Letter of Credit, factors caused by fraudulent doer and fraudulent suffer, as well as the defect of protection mechanism of Letter of Credit. Further to that, the thesis also explains the type and nature of Letter of Credit Fraud, which paves the ground for further study on Guarding and Judicial Remedy in the next two chapters. In the third chapter, the thesis mentions full scale Guarding measures on Letter of Credit Fraud, including common guarding from international society, self-guarding from trading company, and guarding from bank. The chapter emphasizes the analysis of establishing international anti-Letter of Credit Fraud legal system, guarding measures of "soft clause" from trading company, legal liability of bank in anti-Letter of Credit Fraud, and the guarding measures bank shall take. The chapter also introduces the case of the Chartered Bank, which could provide references to domestic banks. The fourth chapter introduces basic legal theory, "Fraud Exception System" of "Payment Interdiction". The article studies the main Judicial Remedy method, "Payment Interdiction", studies background of establishing "Payment Interdiction", requirements of adducing evidence, and the contentious procedure. The article also does some researches on other remedy measures, including protective measure from continental law, British Interdiction case, and preservation in litigation in China. In the end, the article describes the issues exist in judicial remedy of Letter of Credit in China, and gives recommendations on how to resolve the issues. The thesis adopts comparative study method. Based on the study of regulation of anti-Letter of Credit Fraud from countries under continental law system and Anglo-American law system, the article gives own opinion on relevant legislation in China. Due to the limitation of author's knowledge, the opinion may be not profound. The author sincerely welcomes recommendations, opinions from experts.