Legal Research On Reverse Factoring

In recent years,as a new type of supply chain financing model,reverse factoring not only greatly reduces the risk of factoring companies,but also helps small-scale enterprises break the financing bottleneck and helps the small-scale enterprises to further develop.Strengthening theoretical research on reverse factoring will promote the development of factoring business.At the same time,the number of factoring contract disputes is on the rise.Because this type of contract is not set in the contract law,it is often classified as an unnamed contract when the relevant dispute is brought to the court.China's current legal system lacks relevant provisions for such contracts,which makes it difficult for the trials.In order to solve the problems encountered in practice,combining existing practice and trial experience,it is of great significance to study the legal issues involved in reverse factoring.The foreword,text,and conclusion are the three major parts of this article.The text consists of three chapters:The first part is an overview of reverse factoring.This section introduces the concept of reverse factoring,legal characteristics,the difference between reverse factoring and factoring,and the advantages of reverse factoring,and then analyzes the legal relationship of reverse factoring,mainly the supply of reverse factoring.Business,core companies,factoring companies and their relationships.The second part analyzes the state of legal regulation of reverse factoring in China and the absence of legislation.First,study the provisions on reverse factoring in the existing legal system and analyze the defects.Then points out the problem of reverse factoring regulation and its application not uniform;then,study the validity of reverse factoring contract.The third part,based on the analysis of the problems in the second part,combined with theoretical discussions,address my own suggestions on how to improve the domestic reverse factoring regulation in the legal system.First of all,we should improve the domestic legal norms hierarchically from the legislative level;secondly,apply the unified legal rules.