Research On Legal Issues Of Commercial Factoring

From the development of a dispensable “loan lender”,commercial factoring is an indispensable booster for revitalizing China's SMEs' accounts receivable.It is a newly developed new financial integrated service industry with broad prospects for development.Just foot.However,as a new thing,its development still has many obstacles,and the lack of legal support is the main obstacle it faces.Therefore,this paper studies the legal issues facing commercial factoring,and hopes to find a way to effectively solve the legal problems of commercial factoring,and establish and improve China's commercial factoring legal system.This article removes the introduction and conclusion,the body is divided into five chapters:The first chapter mainly gives a basic overview of commercial factoring from three aspects.The first is to study and analyze the concept and characteristics of commercial factoring,and derive the meaning and basic characteristics of commercial factoring.Secondly,it studies the legal nature of commercial conservatization,and clarifies the legal nature of commercial factoring.Finally,an analysis of the basic types of commercial factoring.The second chapter focuses on the legal relationship of commercial factoring in China.From the main body,object and content of commercial factoring,the main part focuses on the subject qualification of the factor,the object part is the basic analysis of the receivables,and the content of the legal relationship is mainly to study the rights and obligations of the subject.The third chapter is to sort out the current legislative status of commercial factoring in China,and find that the legal norms of commercial factoring in China generally have a low level of effectiveness and cannot be relied upon in the event of legal disputes.Specifically,China's commercial factoring currently has problems such as imperfect trading rules,prominent risk issues,and poor supervision.The fourth chapter is about the study of extraterritorial commercial factoring legislation and national and international factoring legislation.The legislative provisions of the United Kingdom and the United States on "transfer of creditor's rights",the German "Deutsche Bank Law" and the Indian "Factoring Supervision Act" are very instructive for the construction of China's commercial factoring legal system.The international general rules on factoring legislation also provide legislative support for the construction of China's commercial factoring legal system.The fifth chapter is to put forward suggestions for the legal problems existing in the current development of commercial factoring in China,establish and improve China's commercialfactoring legal system,and create a good legal development environment.It puts forward specific suggestions from three aspects: improving the factoring transaction rules,doing a good job of factoring risk prevention and establishing a sound commercial factoring supervision system.