Study On Credit Risks And Legal Measurements Concerning New Forms Of Finance In Trade

Under current international trade and globalization and background of generalization day by day of international finance, if can't make substantive progress in the finance innovate, will be in inferior position unavoidably, have so just encouraged protecting the fast emergence of financing products of new trade based on that the account receivable is transferred such as factoring, forfeiting, assets securitization, financing lease, etc. But they are still the starting stage at present in our country, have sizable disparity with the foreign capitals bank, and relevant laws and regulations are also not complete. In addition, our country is setting up socialist market economy; the greatest risk faced in market economy is no more than the credit risks, so this text aims at describing the credit risks faced in financing of new international trade.The purpose that this text studies is: In theory, hope to play a role in casting a brick to attract jade to the theory of financing of new international trade; can play a role in warning and taking precautions against to the financing credit risks of the Chinese financial market not ripe yet on reality.Research approach that this literary grace combines with law theory of the international finance with the international trade law, according to the theory of causality, analyze belonging to the reason of the financing credit risks of new international trade: Three main reasons of the disappearances of the transfer of the creditor's rights of the account receivable, Assurance Law and the conflicts of the conflict and negotiable instrument law. This text is divided into five seals altogether besides preamble and conclusion:Chapter one is a credit risks summary of financing of new international trade. It mainly introduces concept, characteristic of legal norm, the analysis of legal relation and credit risks of new international trade financing of financing of new international trade.It analyzes one of the credit risks causes of financing of new international trade in chapter two: Transfer of the creditor's rights of the account receivable. Its contentincludes the change of concerning legal statuses of people of financing of new trade and conflicts with legitimacy legislation of creditor's rights.Chapter three is analyzed to form second of financing credit risks cause of new international trade: Disappearance and conflict of Assurance Law. Include two: The relation of Assurance Law and new international trade financing credit risks was proved; conflicts of Assurance Law of various countries have aggravated the credit risks of financing of new international trade.Chapter four has been analyzed to form third of financing credit risks cause of new international trade: Conflict of the negotiable instrument law. The content includes: The relation of negotiable instrument law and new international trade financing credit risks was proved; the conflict of the negotiable instrument laws of various countries has aggravated the credit risks of financing of new international trade.Chapter five is the legal precautions of the financing credit risks of new international trade of our country. I think, taking precautions against the credit risks should proceed-with two respects: First, want completion to legislate, is in the hope of combining with international advanced legislative idea; Second, take precautions against and remedy the losses that the credit risks bring by mechanism of the export credit insurance, no matter this is all a kind~bf new attempt for financing subject or for theoretical research, this is some of innovation herein too.