A Study On The System Of Factoring Contract In China

In recent years,the scale of commercial factoring organizations and businesses has grown rapidly,and China has become the largest factoring market in the world.However,the legal environment of factoring business in China is bad: the lack of laws and regulations,the inefficiency of normative documents,the increase of factoring contract disputes and the difficulty of applying laws.Under the appeal of all parties,factoring contract has become a new typical contract in the Civil Code of the People’s Republic of China,and has finally become one of the typical contracts in the Civil Code of the People’s Republic of China.Factoring contract has changed from the former nameless contract to the famous contract,which has filled the long-standing "legal gap".It is helpful to solve the legal confusion of "different judgments in the same case" in factoring contract disputes through high-level legislative guidance and standardization of real transactions and judicial trial practice.However,the Civil Code of the People’s Republic of China(hereinafter referred to as the Civil Code)only uses nine articles to summarize the factoring contract norms,which is obviously not enough to cover the actual situation of complicated factoring contract disputes.In order to further improve the legal system of factoring contract,this paper aims to clarify the concept and nature of factoring contract and the relationship between basic contract and factoring contract,and provide relevant suggestions for the construction of judicial adjudication rules of factoring contract and the improvement of factoring contract system by searching,sorting out and summarizing relevant typical cases.First of all,in view of the different basic understanding and legal nature of factoring contract,starting with the basic theory of factoring contract,this paper introduces the definition and legal characteristics of factoring contract and makes a comprehensive introduction to factoring contract by referring to the International Factoring Convention,Minutes of Judicial Committee of Tianjin Higher People’s Court on Several Issues Concerning Trial of Factoring Contract Dispute Cases(I)(II)and Interim Administrative Measures for Commercial Factoring.In this chapter,the legal nature of factoring contract is analyzed from two perspectives of theory and judicial judgment,and finally the conclusion that factoring contract has the legal attribute of "mixed contract" is drawn.Secondly,combing the development status of factoring business and relevant laws and regulations,and visually analyzing the current situation of judicial adjudication of factoring contract disputes,this paper points out that the number of factoring contract dispute cases is increasing year by year,the difficulty of adjudication is gradually increasing,and the phenomenon of different judgments in the same case is prominent.In addition,it responds to the dispute that factoring contract is included in the Civil Code,which affirms the epoch-making significance of factoring contract.The focus of this paper is to analyze the focus of disputes in the judicial adjudication of factoring contract disputes,which mainly includes unclear conditions and restrictions on transferable future accounts receivable claims,inconsistent forms of notification of assignment,different standards for determining the validity of factoring contracts,unclear standards for examination obligations of factoring "knowing" fictitious accounts receivable claims,and problems existing in changing the basic contract norms.This chapter makes an in-depth analysis based on typical cases,and summarizes the relevant controversial issues through the comparative analysis of the gist of "different judgments in the same case".The fourth part puts forward some feasible suggestions on standardizing the judicial adjudication rules of factoring contract disputes:(1)in the future,the creditor’s rights of accounts receivable should have the basic contractual relationship and have the possibility of expectation before they can be transferred according to law;(2)Expanding the form of notice of assignment-allowing notice of announcement and notice of litigation;(3)Determine whether the factoring contract is valid according to the effective elements of civil legal act;(4)Improve the standard of reasonable examination by the factor;(5)Standardize the review path of changes in basic contracts-type and establish the situation of legitimate changes in basic contracts.By summing up the above problems,this paper aims to put forward specific suggestions on standardizing the judicial adjudication rules of factoring contract disputes in China.This paper mainly adopts the method of case analysis and qualitative analysis,through analyzing the facts of typical cases and the gist of judgment,finds out the controversial issues in judicial trial,and compares and analyzes the conflict elements between the current legal provisions and judicial trial,aiming at putting forward relevant suggestions for building a more perfect factoring contract system.