On Risk Prevention Of Trust Receipt Under International Ttade Financing Transaction In Chinese Commercial Banks

Nowadays, under the present international trade system, international trade financing plays an important role in the development of international trade., with current practice supported by trust receipt. But under different legal system, judical culture and law environment, there are various regulations and different point of views on the trust receipt under present international trade financing, such as its legal characters, its own legal relationships, the collision between trust receipt and guarantee, legal redemption of trust receipt, redemption of trust receipt after property mixed, different formats of trust receipt. Most international trade financing practice are introduced from the country under anglo-american legal system, including tust receipt. There are still a lot of work for us to make it successfully transplanted. Even though has been issued, not only the law itself hasn't offer an explicit definition on the trust receipt under international trade financing business, but also the Banking Regulatory Commission and judical practice haven't provide specific directions on the utilization of the trust receipt for its beneficiaries, especially commercial banks to protect their creditor's rights under international trade financing. This dissertation, combined the banking practice experiences of the writer and his theory research, through analysing and comparing, focuses on two main aspect: one is the research on the characters of trust receipt under international trade financing; the other is research and exploration on the recognization and utilization of the trust receipt to provide maximum protection on commercial banks'rights under international trade financing business. Although the academe can offer doctrinal suggestions under present legal structures, which will be accepted, amended and finally adopted by the legislation authorities, but the real trading business never stops, so that besides the doctrinal suggestions and explorations, this desertation also propose to hedge the risks of commercial banks'adoption of trust receipt by enforcing the loan examination, credit line approval control, supervision on practicing procedures, and standard format of financing documents.