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

Import bill advance is a product of business practices and long-term development of credit practice in western developed countries such as the British and the USA.It has opened up new channels for resolving short-term capital turnover difficulties in international trade,as well as providing opportunities for banks and importers(Applicant).However,because the import bill advance of commercial banks from new foreign relevant practice of new products,resulting in the law,banking,or judicial practice of the import bill of legal application,legal relations and the guarantee mechanism of great controversy.The legislation and judicature of Chinese current import bill system are imperfect and there are various problems.And the perfect Import documentary Bill system can escort the development of the bank and the enterprise.At present,the banking industry in Chinese practice of import bill advance,there is no uniform practice,but trust receipts are generally adopted by banks.At the same time,in most cases banks will require the Importer(Applicant)to provide additional guarantees.However,under the current legal system of our country,there is no relevant stipulations about the import bill advance of negotiation system.Therefore,these practices of the banks are difficult to be recognized by the judiciary.The legitimate rights and interests of the banks will not be fully protected by the existing laws.Leading to the import bill advance system can’t play its role in the field of international trade finance,a good way to finance can only be abandoned.The import bill advance of negotiation business is a kind of short-term trade financing way that Western developed countries have matured,the western developed countries have formed a relatively mature model in the legislative and judicial adjustment of the legal relation of the import bill advance,which provides a good reference for perfecting the system of import bill advance negotiation in China.However,Chinese national conditions and legal framework and system are different from other countries.Therefore,in reference to experience,on the one hand,to give full play to the subjective initiative,considering the objective conditions and practical,on the other hand we should criticize and give full consideration to analysis in the practice of western developed countries in question,to avoid the same problem in China.Improvement of the system of import bill advance,should be in the full analysis about the legislative and judicial status quo of import bill advance in our country,on the basis of both Chinese national conditions and legal framework,put forward the perfect measures.Perfecting the import bill advance of negotiation system mainly needs to start from four aspects,First,consider the introduction of alienation guarantee;Second,establishing and perfecting the system of public announcement of trust registration;Thirdly,in the judicial practice,considering that the legislation cannot be perfected in time,the judicial organ can guide the handling of the import bill advance by enacting judicial precedent;Fourth,at the banking level,the banking industry can formulate and improve the relevant rules of self-regulation of the bank for import bill advance.In short,the legal problems of import bill advance in international trade have existed long,the perfection of the import bill advance of negotiation system is a long and arduous work,which needs to co nsider the national conditions and legal framework.To criticize the advanced experience of foreign country,adhere to the Chinese characteristics,according to the development needs of Chin ese international trade,and gradually improve our import bill advance of negotiation system.