Discussion On The Legal Issues Of Advance Againstinward Bills

With the rapid development of international finance and trade, International trade financing plays a more important role in the International settlement of accounts for business because of its high demand sexual and high growth in the commercial banks. Especially after China joined the WTO, with the rapid development and growth of our import and export trade, import and export trade financing demand has increased. Advance against inward bills has become one of the best short-term financing ways in the international trade finances, but also become the market competition focus in the commercial banks due to its convenient business characteristics. However, because the based property right nature is not clear, the relationship between the applicant and the bank cannot determine, advance against inward bills cannot find corresponding specialized legal norms, and embarrassedly, the rights of advance against inward bills in the banks cannot get legal effective safeguard. Meanwhile, in complex legal environment, because of the legal property,legal relationship,conveyance surely,trust receipts and other provisions of advance against inward bills have different views and regulations, the iconic different practices of the two main legal systems in different banks make the business property knowledge confusion on the nature of advance against inward bills. The practice operation of unity and especially the property rights of advance against inward bills determination standards is differ, which also makes the legal risks enhance greatly. All the above factors are not good for import business further development. In addition, the above factors are disadvantageous to the bank creditors'safety and related rights protection.This paper combined the banking practice experiences of the writer and her theory research, through deep analyzing the legal relationship especially the nature of the base property rights in advance against inward bills. Focuses on two main aspects: one is the research on the characters and guarantee properties of advance against inward bills, the other is how to correctly understand legal relations of advance against inward bills and trust receipt properties,establish the current legal system.,improve the import business system and reduce the legal risk, in order to offer discussions and suggestions on providing maximum protection on commercial banks'rights.