Research On The Difficult Legal Issues Applicable To Credit Documentary Bill

International trade is more and more important with the development of economy. It has been difficult for any country to rely on their own development to meet the needs of society, which requires international trade to coordinate the lack of this kind of demand, through international trade to promote circulation, promoting the economic development of countries. In today’s international trade, mainly payment tools are drafts, promissory notes and cheques. The draft is most widely used, and international trade is used for documentary draft. In fact, with the continuous development of international trade, due to the complexity of international trade,international trade usually use several payment and settlement ways of combining because a kind of payment has been very difficult to adapt to the needs of today’s trade development, such as the combination of bills of exchange and collection, drafts and letters of credit, collection and credit combination and so on. The letter of credit and bills of exchange in the international trade is the most widely applicable, and the documentary bill of credit is widely used in international trade and plays an important role.Because of the above reasons, the academic circles studying the methods of international trade payment are more concentrated in the bills, collection and letter of credit especially in trade practice in the legal relationship of specific collection and letter of credit. While, there is few studies for credit card payment about the documentary draft under L / C on the special role and function, the letter of credit payment under the documentary draft because of the particularity of the letter of credit and exhibiting many different from ordinary bill, credit card ticket. With the development of science and technology, compared to the widespread use of electronic documentary draft, electronic documentary bill also has its particularity than traditional paper bills in many aspects, which the existing researches can not well explain at present. According to the practice of international trade credit and international practice, analysis of the legal relationship about documentary draft drawn under the letter of credit, According to combine with the credit card payment method carries on the concrete analysis to clarify the panorama of the legal relationship of credit card documentary draft. Because the research of credit documentary draft is few so that the characteristics and legal relationship based on credit theory and international tradepractice to explore the credit documentary draft, itself is a kind of innovation. In addition, due to the level and time is limited, the understanding about the letter of credit documentary draft relevant information and the legal relationship of documentary credit card bill is not in-depth enough.In addition, because the letter of credit documentary draft showed special features in many aspects, the legal system of negotiable instrument in accordance with China’s inconsistent, and the application problems of our bill of law in international trade are analyzed. So, it is necessary to put forward suggestions to revise and improve the legal system of our country in international trade bill so that to solve the application of the legal system of negotiable instrument problems in our country, in order to better use of international trade in China’s legal system, the bill goes as far as possible to reduce international Conflict of laws in trade, only in this way can we better protect the interests of all parties in international trade. According to international practice, the legislation and judicial practice, this paper adopts methods of comparative analysis, empirical to analyse the legal relationship of credit documentary draft.In addition to the introduction and conclusion, the body part is divided into four chapters.The first chapter is an overview of documentary bills of credit. First of all, this paper discusses the origin and classification of documentary bill; secondly, it discusses the legal relationship of documentary bill of credit and documentary credit; at last, it introduces the function of documentary bill of credit. In the second chapter, on the basis of analyzing the particularity of documentary bills of credit, the paper also analyzes the legal nature of documentary drafts. In the third chapter, on the basis of the draft special legal relationship of documentary credit and the conflict, the paper analyzes the China’s negotiable instruments law aspects and applicable problems of credit documentary draft. The fourth chapter, which based on the first three chapters on the credit documentary bills of exchange particularity and the legal application of the difficult analysis, the paper puts forward some countermeasures on the legal system of China’s bills.