Research On Legal Issues Of Internet Commercial Factoring In China

Internet commercial factoring is a new economic development model that combines internet and commercial factoring,which breaks through the limitations of traditional business factoring in information and security.However,there are many problems in the development process of Internet commercial factoring,which not only include the leftover problems of traditional commercial factoring,but also have some new problems arising from the Internet factoring.The paper attempts to explore the emerging problems of Internet factoring with the awareness of problems from the perspective of the legal issues of Internet commercial factoring.It proposes that legal norms of commercial factoring should be established and commercial factoring and bank factoring should be unified,also,the paper clarifies the legal nature of Internet commercial factoring and the regulatory body of factoring.From the practice,we can see that supply chain and blockchain technology have reduced the risk of factoring to a great extent.The storage and real-time sharing of big data information is conducive to the inquiries of various kinds of information and provides convenience for factor providers and investors.However,in the aspect of internet commercial factoring,it is still faced with problems such as the difficulty of getting enterprise credit information,the authenticity of accounts receivable,the effectiveness of the ban on transfer of receivables clauses,the effectiveness of multiple transfer,and the recourse of accounts receivable.The paper seeks a solution based on a combination of theory and practice.At last,the paper proposes that we can proceed from the factoring agreement to clearly ensure the validity of some of the dispute clauses in the management agreement and introduce a third-party guarantee mechanism to regulate Internet factoring to protect the rights of all parties.