An Analysis Of The Legal Problems Of Independent Guarantee Fraud In International Trade

Ensuring the convenience of transactions in international trade is the key to promoting the development of international trade.The large number of applications of independent guarantees in international trade has greatly improved the efficiency of international trade,which provides guarantees for the proceeds of the proceeds from the proceeds and also makes it easier for the beneficiaries to make payments.On November 18,2016,the Supreme People's Court promulgated the "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Independent Guarantees Dispute Cases" that will come into effect on December 1,2016.Prior to this,China's judicial cases concerning independent letters of guarantee have been increasing year by year,especially in 2013 and2014,and there have been many cases of judicial disputes concerning independent guarantees.The publication of this judicial interpretation has made up for the legal gap in China's independent guarantee judicial trial.There is also a risk that the independent of guarantee provides convenience,and the fraud is the most important manifestation of the independent guarantee risk.The issue of independent guarantee fraud is a top priority in judicial practice.The Supreme People ' s Court ' s “ Provisions on Several Issues Concerning the Trial of Independent Guarantees Dispute Cases also makes specific provisions on fraud,but whether or not the nature of fraudulent acts must be materialized and the proof of fraud is ambiguous.At the same time,the provisions on the type of independent guarantee fraud are not comprehensive and clear.It is precisely the ambiguity of the legislative language that gives independent guarantee letter fraud in practice.A lot of problems have come.The ?fraud? of independent letter-of-guarantee fraud should be interpreted in a broad sense,“fraud” and “abuse of rights”.Although the standardsfor the identification of independent letter-writing fraud vary from country to country,they are based on international conventions,international conventions,and judicial practices in various countries.Sex fraud standards have gradually become the consensus of fraud identified in various countries.The recognition of fraud should not place too much emphasis on the occurrence of fraud,but should pay attention to whether the behavior of the claim is justified,and determine whether the fraud is established or not according to the specific circumstances of the case.In view of the problems in China's current judicial interpretation of independent letters of guarantee,while applying the latest judicial interpretations,judges should rationally explain the ambiguous zones of judicial interpretation so as to minimize the risk of independent guarantee fraud and make sure the independent guarantee to be safe used in international trade.