On Legal Risks Faced By Chinese Commercial Banks In International Factoring And Their Prevention

International factoring is the main international trade settlement way.Since the policy of Reform and Opening up,China’s economics grows rapidly and making it the largest factoring market in the world.As the buyers’ market has been formed,strengthening Chinese commercial banks’ recognition of the prevention of legal risk is of great significance.Based on the international non-recourse dual factoring,the writer first explores some concepts,then points out legal risks faced by Chinese commercial banks.At last,the writer gives his suggestions on how to prevent legal risks.Besides the introduction and the conclusion,this thesis is composed of three parts.The first part illustrates the definition of international factoring,international factoring are classified according to different standards,and defines the nature of international factoring as creditor’s rights transfer.Furthermore,the concept of export non-recourse international factoring is defined.On the basis of clear concept,this part explores the basic process and four legal relationship of export non-recourse international factoring.The second part leading a topic from a practical case.Then,the writer points out the legal risks faced by Chinese commercial banks in non-recourse international dual factoring.Firstly,different countries regulate differently on the transfer of accounts receivable.Secondly,exporters’ flaw based trading contract,making Chinese commercial banks face the advance payment can’t recover.Thirdly,in view of the background of the international factoring practice focus on protecting the interests of the importer or the import factor,the importer in accordance with the practice of the transfer of rights,and dangerous to cooperate with export factoring business case brought by the legal risks.Fourthly,the import and export business based on the reasons such as the legal risks brought by the fraud.The third part first points out the system of the prevention of legal risks in China.Then,the writer explores the problems of existing system,namely "law" prevention and control mechanism of internal coordination,industry self-discipline mechanism with the"law" prevention and control mechanisms are not matching,executive capability of self-discipline mechanism,construction of supporting system and factoring market development are not synchronized.At last,this part puts forward measures to perfect the current system.That’s to say,adhering to the principle of system-matching in line with the basic idea of international series and close to the market firstly.Secondly,emphasizing the interpretation of article 79 and article 80 of the "contract law",promoting the legal level of factoring special legislation,and emphasizing the role of guiding cases.Lastly,we still need to optimize industrial self-discipline mechanism with the "law" prevention and control mechanism,the matching relation between strengthening industry self-discipline mechanism of the executive power,and let the market guide the construction of supporting system.