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On The Prevention And Relief Of Credit Fraud

Posted on:2008-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y H WeiFull Text:PDF
GTID:2166360212994552Subject:Law
Abstract/Summary:PDF Full Text Request
Credit fraud affaires have been ascending in the past years, which have done great damage to international finance and trade system and both parties. The high leaders in the centre attach importance to the frequency occurrence and adopt a series of measures in the legislation and judicature domain. Yet a great many problems with system arrangement need to be ameliorated, therefore , to study the methods of keeping away and relieving the credit fraud is of great significance to the exuberant development of international trade.The dissertation is made up of five parts: the first segment is to study the basic knowledge of Credit .including the property operation and peculiarity of letter of credit ; parties of credit lex connection ;the action mechanism and its existent hazard .The penname considers the theory of Commerce Specialty Behavior can explain the property of a credit properly.The second segment is to study the concept of credit fraud, cognizance standard occurrence cause the forms of existence and great imperil, in which the penman deems that credit fraud should not include the fraud from the basic contract ,or else one party will demur the other party on basic of the fact from basic contract and it will shake the foundation of a credit ,besides any fraud from basic contract can boil down to the fraud from codex connection of a credit .The dissertation also refers to the cognizance standard of credit fraud on the facet of subjectivity and impersonality.The third segment brings forward the measures of keeping away credit fraud at the angle Of the international community, the government both parties and the bank .The penname suggests that the international community should amend and establish the correlative legislation and international convention ,set up the query center of corporation information, confine and abrogate the system of convenient vessel banner, adopt the electronic bill of lading to the best of its abilities .The government should strengthen the executive measures: establish the report system ,carry out the special case reconnoiter ,and strengthen the economic sanction. The fourth segment is to study the two methods of relieving the credit fraud : AS a rule ,two kinds of measures are adoptive in the world ,one way is that the opening bank repudiates and the other way is that the party asks the court for the injunction. Nowadays the topic on whether a bank owns the right of repudiation or not is disputed at the academe .The penname considers legislation should endow the opening bank the right of repudiation because "fraud makes everything void" and fraud breaks the principle of fidelity and credit at civil code .The nomology gist of injunction is the principle of fraud exception .The dissertation also refers to the similarities and differences about the terms of injunction prints man among the continental law system the Anglo-America law system and the regulation in China .on basic of this ,the penname refers to its own opinion.In the last segment the penman puts forward some suggestions against the credit fraud in allusion to the status quo in China : perfect the provision on credit fraud crime at criminal law ,perfect the provision about saving from damage at code of civil law establish the systemic law on letter of credit and perfect the injunction system.
Keywords/Search Tags:Letter of Credit, credit Fraud, fraud Guarding, Judicial Remedy
PDF Full Text Request
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