Comparative Research Of The L/C Fraud Exception And The Crime Of The L/C Fraud To The Application

The article 8 and 9 of the“Provisions of the Supreme People's Court on Some Issues in the Adjudication of Letter-of-Credit-related Cases”rules on the L/C fraud exception,and at the same time provides civil relief for the???fraud exception.And then,the article 195 of the"Criminal Law"defines the behavior of the L/C fraud crime punishable by criminal penalties.And the nature and the disposal mechanism are different between the L/C fraud exception and the L/C fraud crime,however the law about application type of classification has the same part,namely the behavior of the L/C fraud exception and the application type of the L/C fraud crime exist overlap area,so that leads to controversy about the behavioral nature of the L/C fraud exception and the L/C fraud crime.So the definition application type of the L/C fraud exception and the L/C fraud crime has the necessity.Although the L/C fraud crime established earlier than the L/C fraud exception, but the L/C fraud crime is fewer application opportunities, more time-consuming and labor-intensive, and larger practice applicable resistance. While the L/C fraud exception relieves the loss timely and fully and applies different level all over the world in practice.Given the present stage in the economic system of China has gradually perfect, the L/C fraud exception and the L/C fraud crime cases overall few in number, and the L/C fraud crime protection function of the credit system is in China indispensability. Compared with the characteristic and the results of relief between the L/C fraud exception and the L/C fraud crime,we believe that the possibility of application by expanding the L/C fraud exception and narrowed the L/C fraud crime, which will distinguish application of each other.