Study On The Legal Issues Of Import Bill Advance In International Trade Finance

Import Bill Advance derived from the development of business practices and the credit practices in Britain and America. It is the commercial bank specializing in international trade for importers to provide short-term financing. With the development of global economic integration, because of its convenient features of international trade finance, the Import Bill Advance has become one of the most widely used short-term financing in the world. Become the focus of competition during commercial banks. However, there is no domestic legal constraint relating to it. The existing law does not define and solves qualitative relevant legal issues.This paper attempts to domestic problems of Import bill advance as a starting point. Use comparative analysis method. Comprehensive investigation into the legal system of international trade finance practice. The method of case studies, analysis of typical cases, put forward their views. By comparing the domestic and foreign institutions, reasonable and effective learning experience abroad, in order to solve the problem of China’s Import Bill Advance provides legal rationalization proposals and ideas.This paper is divided into five parts to discuss the legal issues of Import Bill Advance:Part 1 is the overview of the Import Bill Advance. First of all, it is the cause of Import Bill Advance. Secondly, it talks about citing various definitions of the Import Bill Advance. Finally, the Import Bill Advances for legal characteristics were analyzed.Part 2 is the theoretical basis of the differences in Import Bill Advance property rights property. This article attempts to set out a brief analysis of each theory and analyze whether it is reasonable. Through that we can draw a conclusion that the theory of Alienation Guarantee is the more reasonable one. Therefore according to this theory we can establish the legal system of Import Bill Advance. It will provide the best effective protection to the bank.Part 3 is offered some analyses through the sight of the comparative law, focusing on Germany’s Alienation Guarantee system, the Trust Receipt system in the British, the US’s Movable Property Secured Transactions system, the Trust Possession system in Taiwan, China. This part is trying to seek enlightenment with comparative analysis, so that we can resolve the legal issues of the Import Bill Advance from international trade finance experience.The main content of Part 4 is the practice of the Import Bill Advance and judicial status now. This section analyzes the obstacles and difficulties in the practical operation of domestic banks under the existing Guarantee Law and Trust Law faced legal framework. Subsequently, the paper relies on a typical case in conjunction with the verdict of a number of other related cases, try to summarize the problem from the current judicial practice we may be faced. And then the paper try to explore the risk in practice and the problem in Import Bill Advance practice, find out the corresponding preventive measures.Part 5 is the conclusion of this paper. How to improve the thinking and offered some suggestions on the legal system of Import Bill Advance in China is the center part. The construction of the Import Bill Advance system will face many problems. Through analysis and study, I will put forward my own views on it.