Research On The Cognizance Of The Effectiveness Of Commercial Factoring Contracts In China

Since the pilot development of commercial factoring in China,it has shown a strong life.In 2017,the business volume of commercial factoring in China has reached 1 trillion yuan,and the financing balance is about 250 billion yuan,which has achieved rapid growth for five consecutive years.And behind the rapid development is the increasing disputes of commercial factoring contracts.Because there is no special legislation in China and the Supreme People's Court has not given judicial interpretation to this issue,the standard of identifying the same problem is different in different courts,which leads to the appearance of different judgments in the same case.This paper takes the validity determination of commercial factoring contract as the research object,summarizes the disputes on validity determination in current trial,and probes into the methods of validity determination of commercial factoring contract based on theoretical theory and relevant legal provisions,with a view to providing suggestions for relevant legislation and judicial interpretation.This paper consists of three parts: introduction,body and conclusion.The body is divided into five parts:The first part mainly elaborates the basic theory of commercial factoring and solves the problem of the application of commercial factoring law.In this part,the author firstly defines the concept of commercial factoring by investigating the related concepts both inside and outside the territory,focusing on the differences between the methods and regulations in the interior of the region and the understanding of trade organizations on commercial factoring,and combining with the current judicial judgment.Secondly,the current types of business factoring are sorted out in order to respond to the validity of related types of business later.Finally,four kinds of understandings about the legal basis of commercial factoring are sorted out.Through the application of the theory in the process of developing commercial factoring,the relationship between rights and obligations of suppliers,factorists and buyers and judicial practice,after comparative analysis,it is more appropriate to regard the theory of transfer of creditor's rights as the legal basis of commercial factoring,so as to clarify the problem of legal application.The second part mainly discusses the current situation of confirmation of commercial factoring contract in China.From the point of view of commercial factoring mode andjudicial practice,this paper combs the legal basis for the validity determination of commercial factoring contract and the main considerations in the validity determination of the contract,sorts out the constituent elements of the legal relationship of commercial factoring,solves the problem of which contract is a commercial factoring contract,and avoids the occurrence of the true legal relationship in the contract because of "factoring".?The third part mainly analyses the existing problems in the validity determination of commercial factoring contracts.Starting from empirical research and literature research,this paper summarizes the problems in judicial trial,and points out that the root of the problems lies in ignoring the particularity of commercial factoring contract,not distinguishing between commercial contract and civil contract concept,applying the criterion of creditor's rights transfer purely,safeguarding buyer's rights and interests excessively,so that the economic benefits pursued by commercial factoring business can not be better supported by the judgement.The fourth and fifth parts mainly discuss the principles and suggestions of the validity determination of commercial factoring contracts.It is proposed that we should proceed from the attributes of commercial contracts and financial contracts,take the balance of rights and interests as the principle,respect party autonomy and commercial practices,comprehensively judge the effectiveness of contracts,carefully use the principle of judicial adjudication of compulsory provisions to deny the effectiveness of contracts,and combine the comparison of extraterritorial legal systems with the relevant theories of theoretical circles to support the adjudication methods of typical cases in practice in the third part.The issues mentioned in this paper are to put forward specific trial proposals.