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Research On The Legal Problem Of Electronic Letter Of Credit

Posted on:2021-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:T T JiFull Text:PDF
GTID:2416330647453778Subject:Law
Abstract/Summary:PDF Full Text Request
Nowadays,with the human society entering the era of information network,ecommerce is more and more widely used.According to the latest global e-commerce data,the scale of global e-commerce transactions is increasing year by year,and the traditional international settlement method of letter of credit is also going to be electronic,such as letter of credit opening,electronic notice,and finally electronic letter of credit.The implementation of electronic letter of credit can significantly improve the speed and security of transactions between the parties.However,at this stage,due to the imperfection of the law,there are still many problems in the practical operation of electronic letter of credit.The first problem is how to determine the legal effect of electronic signature.This paper discusses from two aspects: one is the rules of the legal effect of electronic signature.Most countries in the world,including China,adopt the arbitrariness rule,that is,the agreement of the parties is the premise of the validity of electronic signature.But the difference is that theUnited Nations Trade Law(hereinafter referred to as "UNCITRAL")Commission's model law on electronic commerce adopts the reverse exclusion method to determine the effectiveness of electronic signature,while China's electronic signature law adopts the positive permission method,which is obviously inconsistent with China's practice.The second is the standard of the legal effect of electronic signature.There are two legislative models around the world about this recognition standard.One is to distinguish the types of electronic signature,and only to establish a unified standard.The other is to distinguish the types of electronic signature and to set different standards.China's Electronic Signature Law refers to the model law of electronic signature in legislation,which stipulates "reliable electronic signature",but it does not stipulate the legal effect of "general electronic signature".The second problem is how to determine the legal effect of electronic bill of lading.This paper first analyzes the laws and regulations related to electronic bill of lading,and then discusses the evidence effect of electronic bill of lading.The international community and other countries on the basic lack of electronic bills of lading specialized laws,China is also a lack of adjustment of its legal effect of the laws and regulations.As to the evidential effect of electronic bill of lading,this paper analyzes the probative ability and probative force of electronic evidence.The main issues involved are the identification of the "original" of electronic evidence and the examination criteria of the relevance of electronic evidence.The third problem is the lack of eUCP 2.0 as a special provision of electronic presentation of letters of credit,which is manifested in two aspects: first,the distribution of rights and obligations of eUCP 2.0 is unbalanced,and the obligation of presentation is obviously heavier than that of banks.Second,the provisions of eUCP2.0 are mostly principled provisions,which lead to the lack of practical operation.Many expressions have vague meanings,such as "it seems to have been damaged" in the re-submission of documents,and the identification of "superficial authenticity" of the examination documents.Third,the terms of eUCP 2.0,there are many places not provided for: the lack of provisions for e-commerce companies,the lack of electronic bills of lading "uniqueness" of the provisions.In December 2019,China's first electronic letter of credit information exchange system was officially put into operation,and the implementation of electronic letter of credit has been put on the agenda.In order to promote the development of electronic L / C in our country,we should improve the relevant legal system in the following aspects: broadening the definition of electronic signature,improving the rules for the determination of the legal effect of electronic signature,adding the standards for the determination of "general electronic signature",making special legislation on electronic bill of lading,unifying the standards for the determination of "original" of electronic evidence,and increasing the examination of "relevance" of electronic evidence Check standards,formulate special laws and regulations of electronic letter of credit and perfect relevant rules applicable to eucp2.0 according to the actual situation of China.
Keywords/Search Tags:Electronic letter of credit, Electronic signature, Electronic evidence Electronic bill of lading, eUCP2.0
PDF Full Text Request
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