| Although the commercial factoring industry started late in China,with the continuous growth of accounts receivable,the market demand for commercial factoring in China is also expanding.As a new trade financing method,commercial factoring is facing many risks in practical operation due to the lack of special legislation and normative guidance while developing rapidly.Based on this,this paper studies the focus issues in the judicial practice of commercial factoring.Apart from the introduction and conclusion,it can be divided into the following three parts:The first part sketches out the basis of commercial factoring,including two aspects.The first aspect introduces the relevant provisions on factoring in the Civil Code,the development history of commercial factoring in China,and the legal relations the business code of commercial factoring.Commercial factoring refers to that in market economic activities,the creditor transfers the receivables arising from the sale or service to the core enterprise to the factoring enterprise,and the factoring enterprise provides it with a series of comprehensive financial services,including financing,sales ledger management,credit risk and control,bad debt guarantee,etc.Commercial factoring legal relationship is a legal relationship formed on the premise of the transfer of accounts receivable,with creditors,debtors（core enterprises）and factoring enterprises as the main body.The factoring enterprises’ establishment and management shall be in accordance with national regulations,and shall be approved by relevant competent authorities.The second aspect is the analysis of the core value and development opportunity of commercial factoring.This section on the core value and the development of factoring business opportunities are expounded respectively,which solve the difficulties of financing for small and medium enterprises and help them save costs,stability and expanding exports as the main core values,based on accounts receivable scale continuous growth allows commercial factoring market scale expands unceasingly,and government departments and related policy support for China’s main commercial factoring development opportunities.The second part mainly focuses on the complex issues in the judicial practice of commercial factoring and the evaluation and analysis of the adjudication path.This section of commercial factoring the focus of the common problems in the judicial practice has carried on the summary analysis,and selected the three typical issues,with the specific case,and the corresponding court path as the research content,and then to the path for evaluation,so as to the next part of the study commercial factoring practice legal risk regulation theory basis.The third part is the prevention of commercial factoring legal risk in practice.Aiming at the typical complex issues in commercial factoring dispute cases in judicial practice,this paper gives corresponding suggestions on the risk prevention of the complex issues.And the suggestions mainly from the external and internal regulation respectively.For the aspect of external regulation,corresponding suggestions are put forward mainly from the special legislation for commercial factoring,relevant systems,regulatory policies and regulatory subjects.As for internal regulation,it mainly focuses on the standardized operation of the factoring enterprises themselves.As the main participants of commercial factoring,the business behavior,business scope and risk control of the factoring enterprises play an important role in the normal operation of commercial factoring.The relevant operation of factoring enterprises shall be referred to as the relevant provisions of existing laws and policies and shall be strictly controlled by the business bottom line,so as to play a guiding role in the standardized operation of the whole factoring business. |
