Legal Risk Of Domestic Commercial Factors And Its Prevention In International Factoring Business

In the four decades of the Reform and Opening up,China has taken great advantage of the long-period-prosperity in the world economy and the in-depth development of economic globalization to fully transform and upgrade its domestic industries,fully participate in the international division of labor and competition,and realize its initial status in the worldwide trades.In recent years,with the increasingly fierce international trade competition,the seller's market has gradually turned into the buyer's market,and the opening account has basically replaced the letter of credit as the mainstream settlement method.In developed countries as Europe and the United States,the use rate of opening account is even as high as 90%.In the context of the high use rate of the opening account,the management of accounts receivable and financing needs of enterprises are the basis for the rapid development of international factoring,and also,the reason why international factoring has been prevalent in the field of international trade settlement in recent decades,?However,in such a favorable environment,the international factoring has not been widely and fully developed..While,the business scope is limited to the commercial Banks,and did not see China's commercial factoring companies getting involved.The reason lies in that our country still does not have a clear understanding of the legal basis of international factoring and the in-depth legal problems in the process of international factoring transactions,so it is not in place to prevent legal risks.The central content of this paper is to carry out the prevention and control of the legal risk of international factoring.This paper explores the in-depth legal risk prevention in the transaction process,and puts forward its own Suggestions for the construction of the relevant legal system in China.This paper is divided into four chapters.The first chapter mainly introduces the basic theory of international factoring,covers the definition,classification and expounds that the legal nature of international factoring should belong to accounts receivable transfer,which lays a foundation for the following discussion on the legal risk prevention and control of accounts receivable transfer.The second chapter is an in-depth analysis of the basic transaction system of international factoring--FCI international double factoring system.FCI international double factoring is the current international common international factoring model,which is the code of conduct for all countries to carry out international factoring.Therefore,the analysis of FCI international double factoring system is conducive to the analysis of the problems of China's international factoring system.The third chapter follows the second chapter.After analyzing the basic transaction system of international factoring,it brings the perspective back to China and discusses the legal risks that domestic commercial factoring companies may face in international factoring business due to the defects of Chinese system.In the fourth chapter,the author puts forward his own Suggestions on improving the legal risk prevention and control mechanism of China's international factoring,hoping that the country can improve the institutional environment of China's international factoring as soon as possible,accelerate the development of China's international factoring to better serve the national "One Belt And One Road" strategic goal.