Research On Legal Issues Of Bank Credit Riskprevention In Domestic Factoring

Factoring business arose in the economic developed North America and Europe in the 19 th century,then developed to the world gradually.Our national mainland has begun to carry out factoring business in international trade since 1987,the domestic factoring business has become a new type of short-term financing,which plays an important role in domestic and international financial field after nearly30-year development.At the same time,because of the short time of domestic factoring business,imperfect legal system,the defective related mechanism,as well as the nonstandar dprocedure in the specific operation,a series of legal problems were caused.So to speak,on the one hand,factoring business expand the scope of bank business,enrich the product system of financial institutions;on the other hand,the problems existing in law and the operating level led to a mass of big problems and risks of reclaim creditor's rights in factoring commercial banks,limiting the normally and orderly development of the bank factoring business.Appearing in domestic factoring bank creditor's rights and risk prevention as the research object,from the risk of creditor's rights and legitimacy of factoring,transferable,creditor's rights transfer of the rights conflict caused by risk,the risk of the notice of assignment of creditor's rights,from the risks of the debtor and factoring in the aspects such as operation risk analysis,find out the problem,and put forward solutions.In this paper,we study the main idea is clear factoring in financial and legal aspects of the definition,analysis in the process of factoring operation the rights and duties in the relationship between various legal responsibility subject,identification of creditor's rights,future accounts receivable factoring business process of the risk of the specific analysis of the causes of these risks and possible consequences of,formulate specific measures required to prevent risks,in order to explore in this article,the development of commercial bank factoring,factoring in the related theory of benefit,and in improving the operation of the domestic factoring business of commercial bank regulatory practices,to normative and rigor of domestic factoring business,there are certain ascend.