On Reasonable Construction Of The Import Bill Advance The Legal System

This thesis is composed of four parts:Part One is the introduction of the meanings and legal characters of the Inward Documentary Bill, which consists of three points. Firstly, with the development of our market, many banks have operated intemafional financing business in recent years. Secondly, I introduced the meanings of Inward Documentary Bill. According to the guarantees, Inward Documentary Bill can be put into two categories, the Inward Documentary Bill in narrowed sense, which is the focus of the thesis, and the one in broad sense. Then I discussed the legal characters of Inward Documentary Bill in narrowed sense, and pointed out that Inward Documentary Bill can only be operated under Credit when the clients have chosen it as the payment of the international contracts. Inward Documentary Bill, which is independent of Credit, consists of many legal nexus, such as guarantee and trust.In Part Two, I focused two things. One thing is the nature of the Bill of Lading. In china, Bill of Lading is often regard as the Documentary of Title, which word can be understand in many ways but should be understand according to the context. The other thing is what kind of rights banks have to the imported documents and related goods. After analyzing three theories, namely, the Ownership, the Lien, and the Pledge, the author concluded that it is better to regard the banks as pledgors.In Part Three, I introduced the foreign laws, through which I want to find out a better way to perfect the Inward Documentary Bill system in China. The foreign laws I introduced are fellows, the Trust Receipt in Britain, the Secured Transactions in United States, the Sichenmgsubereignung in Germany, and the laws in Taiwan province.In Part Four, I reached the conclusion that, based on the premise that Inward Documentary Bill is independent of Credit and consist of many legal nexus, and under the existing legal system, to perfect the Inward Documentary Bill, it is better to bring in Sichemngsubereignung. Firstly, I introduced the practice of banks in china, then I discussed the necessity to perfect the Inward Documentary Bill system. Thirdly, I analyzed the existing legal system, and found out that it is not wise to continue the use of Trust Receipt. Finally, I reached the conclusion that it is better to bring in Sichenmgsubereignung. Continue to the bringing, I further discussed the fellow things, how to set up Sicherungsubereignung, the legal effect of it and the rights and duties of the banks, the in-porter and the Third Party under guarantee and trust, in order to balance the interests of the banks, importer and the Third Party.