Study On International Factoring

International factoring is defined as a synthetical financial service, which developing from the international trade practice, including trade financing, investigation of commercial credit, maintenance of account relating to the receivables, collection of receivables and protection again default in payment. With the formation of buyer market and the emerging of new means of trade, such as O/A. D/A. B2B, international factoring is gaining currency. The statistics from UN trade development center show that the trade sum transacting by international factoring is surpassing the sum by L/C or collection in developed countries. Contrasting with that, international factoring in China is just on the initiatory phase. According to the statistics of FCI, the international factoring turnover in China is 1,680 millions EUR dollars in 2005, which is only 1/2 of Hongkong district and less than 1/7 of Taiwan province, and just ranks the third in Asia, even a jot contrasting with the developed countries. The status is not accordant with Chain's station as a strong trade country and deviation from the trend of international trade. Many factors contribute to the result, just as the faultiness of code, and the lag of theoretical research, and the lack of professionals or unfamiliar with international factoring.From the historic perspective, according to the theory of civil and commercial law, this dissert makes a full introduction of the concept, superiority, handling process, legal character of international factoring, and analyses the legal relation of the party, the conflict of the droit in the assignment of receivables, the main risks and the guarding measures. Moreover, based on an inductive analysis on international conventions and statutes and judicial mechanism of several countries referring to international factoring, took root in the legal circumstances of PRC, the paper analyses the status quo and restraining elements of international factoring in China as well as tables some proposals on the countermeasures circling the perfection of legislation of international factoring in china.