Legal Analysis And Legislative Perfection Of China On International Factoring

International factoring is the integrated financial service in international business between two parties from different countries or regions, in which the supplier assigns his accunts receivable to claim for payment against the debtor arising from the sales or service contract to the factor, leaving the factor to supply him trade financing, maintenance of the sales ledger, collection of accounts receivable and full protection against bad debts.International factoring is a new way of international balance after the usage of remit, collection and L/C. It develops so fast that it takes only tens of years to get flourishing. The unexampled advantages make it spread speedily in the practice of international business, and it's now a leading and overcoming way of payment all over the world. But at the meantime, we can find many problems, such as the imbalance among different countries, and the imbalance between the inside and outside factoring. One of the main reasons for this should be considered the under-definition of its legal basis, and the unclearness of the legal matters deep in the international factoring. Therefore, the main idea of this thesis is just to analyze the legal matters of international factoring and then to discuss further the assignment of receivables, to the effect that we can find out a better way to perfect our legislation on international factoring.The two basic points that are playing an important role in this thesis are as follows: the first is theoretical one-legal analysis on international factoring; the second is practical-measures of perfecting China's legislation on international factoring. The greatest characteristic of the thesis is just the method of chasing for practical strategies from theoretical basis and combining the theory to the practice perfectly. The whole artical has been divided into five parts:The first part means to discuss about the legal matters on international factoring. Firstly, the author lays out the functions of international factoring as well as the basic legal relations in it. Then the author puts his more attention on the analyzing of the legal basis. After comparing the international factoring with collateral claims, entrustment, subrogation, assignment of receivables etc., the author makes his conclusion that the international factoring should be considered to be based on assignment of receivables.The second part refers to some thorough discussion about the legal matters on the assignment of receivables. After qualifying the nature of the assignment, the author turns to discuss the legal effects of the assignment to the factor, the supplier and the debtor, as well as the effects of assignment -prohibition article in the contract.The third part focuses on the contradiction of priority in the assignment of receivables on international factoring. The author analyzes more about the contradiction between the factor and the other assignees, between the factor and the mortgagee or the pledgee, between the factor and the person beforehand of the supplier, in order to give out his own point of view on the solving strategies.In the fourth part the author discusses mainly the legal risks in the assignment of receivables. He first lays out some risks that may arise to the factor, the supplier and the debtor in the assignment of receivables, and then proposes some pertinence strategies to prevent these risks as well.The last part of the thesis is about the legislative strategies to perfect China's international factoring service. The author notices the situation and unperfected legal environment of the international factoring service in China, so he poses several suggestions that would do something good to the perfection from some different aspects, such as the construction of the national legal institutions, the ordination of supervising regulations of the government, the formation of the social credit system, etc. The author hopes greatly that his efforts could finally do something useful to the task.