On The Judicial Application And Improvement Of The Independent Fraud Exception In China

With the continuous development of trade globalization,independent guarantees are widely used in the commercial field as a new type of guarantee instead of traditional guarantees.However,at the same time,fraudulent claims by beneficiaries of guarantees caused by the independence and documentary nature of independent guarantees frequently occur,which not only affects the further development of independent guarantees in practice but also disrupts the normal order of commercial activities.In order to prevent the continuous occurrence of independent guarantee fraud and to protect the interests of applicants or issuers of independent guarantees,countries have established independent guarantee systems while recognizing the exception of independent guarantee fraud,that is,when the beneficiary applies fraudulent claims to the issuer In the case of this paragraph,the applicant is allowed to apply to the court for judicial remedy for the victims of the independent guarantee fraud.However,if the court issues too many stop orders,it will expand the borderline of independent guarantee fraud,increase the interference of the judicial authority on the independence of independent guarantee,and affect the function of independent guarantee.Therefore,the balance between the two has become judicial practice.In recent years,independent guarantees have been used more and more in China's commercial transactions.However,China's domestic judicial practice on issues related to independent guarantee fraud is still in its initial stage,and there are still many problems in practice.In view of this,This article takes the judicial practice of the independent guarantee fraud exception in China as the main research object,and attempts to use the basic theory of the independent guarantee fraud exception as a starting point,combined with the judgment practice of the Chinese courts to analyzeand study the independent guarantee fraud exception rule.The above recommendations on the improvement of the judicial practice of independent guarantees in China are expected to help the improvement of the legal system of independent guarantees.