Study On The Application Of The Exceptional Principle Of Credit Fraud In International Trade

Letters of credit are the most common form of settlement in modern international trade.Since the emergence of the letter of credit payment method in the 19 th century,it has developed rapidly and is widely used.However,the unique advantages of the letter of credit itself,while promoting trade,give criminals the opportunity to use the letter of credit to commit fraud.In order to prevent the spread of letters of credit fraud,countries have successively established the principle of fraud exceptions,but this principle has instigated the principle of independence of letters of credit.In order to consolidate the principle of independence of letters of credit,exemptions from the principle of fraud fraud exceptions have also been established.The development of China's foreign trade has gradually increased the frequency of use of letters of credit,so China is also deeply poisoned by letter of credit fraud.However,the basis of the current court handling credit fraud case is more common in some scattered domestic department law and the judicial interpretation issued by the Supreme Court.The application of the letter of credit fraud exception principle is still at the stage of exploration.The United States has established the principle of letter of credit fraud exception since the 20 th century,and the United Kingdom subsequently recognized the principle of fraud exceptions.So far,there have been many successful jurisprudence for the application of the letter of credit fraud exception principle in the United Kingdom and the United States.This article is divided into three chapters.The first chapter briefly introduces letter of credit fraud.It mainly analyzes the causes of letter of credit fraud,and discusses how to define letter of credit fraud in terms of scope,subject,certification standard and burden of proof.Finally,it introduces common types of letter of credit fraud.The second chapter mainly analyzes the principle of fraud exceptions.Firstly,the theoretical basis of the principle of fraud exception of letters of credit is analyzed from three aspects,and then the background case established by the principle of fraud exception of letters of credit is introduced.Secondly,starting from the examples of British and American families,it sums up the lessons that can be learned from the application of the letter of credit fraud exception principle in the United States and the United States.Finally,it introduces the exemption of the letter of credit fraud exception principle,analyzes its necessity and value,in order to further understand the principle of letter of credit fraud exception.The third chapter mainly discusses the application and perfection of the principle of letter of credit fraud exception in China.First of all,starting from a series of legal norms introduced in China lately,this paper analyzes the legislative status of China's letter of credit fraud exception principle.Secondly,based on the typical cases in China's judicial practice in recent years,this paper summarizes the problems existing in the application of the principle of fraud exceptions in the judicial practice.Finally,on the basis of analyzing and summarizing the previous scholars' research,and combining the current situation of China's judicial practice,the author summarizes several easy-to-implement methods from the legislative and judicial levels in order to improve the application of the letter of credit fraud exception principle in China.This paper mainly uses the theoretical analysis method to sort out the core concepts elaborated in this paper,and compares the differences between the Anglo-American law system and China's application of the letter of credit fraud exception principle in dealing with letters of credit fraud cases.On the basis of reading a large amount of literature,the application of the letter of credit fraud exception principle has been deeply understood from the macro and micro levels.The combination of theory and practice summarizes the key issues that need to be resolved in the handling of letters of credit fraud cases in China's judicial practice.Different from previous research scholars,previous scholars pay more attention to solving the problem of the application of the principle of fraud exceptions in China from the legislative level,and often focus on perfecting relevant legal norms in China.The author is more focused on the practical aspects,such as the guiding case of the Supreme Court as a model,to present its solutions in a more intuitive way to deal with the key issues encountered in the letter of credit fraud case.