| As an effective and convenient way of credit guarantee in international commercial practice, independent guarantee provides convenience and protection for trade among countries. The Uniform Rules for Demand Guarantees of ICC and United Nations Convention on Independent Guarantees and Stand-by Letters of Credit unify the legislation of independent guarantee all over the world. Also they provide reference to countries.Combined with comparative study and case analysis method, this paper talks about the key problem in Supreme People’s Court on Several Issues concerning the trial of independent guarantee dispute cases(Draft) issued by Supreme People’s Court in 2013, which is the guarantee payment responsibility, and puts forward some suggestions on the construction of the independent guarantee legal system in our country.In addition to the introduction and conclusion, this paper consists of three parts:The first part is about the definition of independent guarantee, the provisions in the Draft are in line with the international rules of the legislative trend, reflecting the current judicial practice in our country and the "independence" of the independent guarantee. The second part introduces independent guarantee’s payment conditions,the provisions of the Draft recognizes the three independent guarantee payment mechanism in international commercial practice and provides the corresponding scope of claim documents. However, the standards of the United Nations Convention on independent guarantees and standby letters of credit should be added. The third part is about the refusal of conditions for guarantors. The provisions of the Draft acceptes international rules, including discrepant documents, fraud, the expiration of the validity of the guarantee payment obstructed.Here, I recommend that the Draft should use "modified beneficiary fraud" to be the standards of fraud and increase the force majeure as the condition of refusal. |
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