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On the Prevention and Relief of Credit Fraud

Author: KeZuoZuo
Tutor: SongZheXin
School: Tianjin University of Finance and Economics
Course: Economic Law
Keywords: Letter of credit Cheat Prevention Judicial relief
CLC: F740.4
Type: Master's thesis
Year: 2009
Downloads: 582
Quote: 1
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Abstract

In recent years, international trade letters of credit fraud cases increased year by year, to bring great harm to the international financial and trade order and the parties. Attracted the attention of the central leaders of the frequent occurrence of such an event, and adopted a series of measures in the field of legislative and judicial. But for now, many system-level issues still need to be improved. Therefore research credit card fraud prevention and relief, and is of great significance for the healthy development of international trade. The impact of the current economic crisis led to more frequent credit card fraud incident, I pay more attention to the various situations associated with the emerging economic crisis and a new case, to the benefit of credit card fraud prevention and relief. This paper is divided into four parts: the first part of the concept of credit fraud, identified standards, causes, exists in the form of the harm caused. I believe that credit fraud should not be included in the base contract fraud Otherwise, the parties will be the facts of the underlying contract for the defense of another party, it will shake the foundation of the credit system. And any underlying contract fraud can be attributed to the legal relationship of the credit fraud. Credit fraud occurs which produces many reasons, but the most important reason for the letter of credit should be attributed independent abstract principle. From the point of view of the international community, the government, the parties, with the Bank, the second part of the preventive measures of the credit. The author recommends that the international community should be modified with to formulate legislation with international practices, the establishment of company information inquiry center, the government should strengthen the enforcement measures of the credit. The article also spoke from the perspective of the seller, the buyer, Bank anti-credit fraud prevention measures. The third part of the study of two of the letter of credit fraud remedies, usually used in two ways: First, by the issuing bank refused to pay another is to apply for a court injunction. Current academic issuing bank should have refused to pay the right there is a dispute, I believe that the legislation should confer with the issuing bank entitled to refuse to pay the right, the reason is that all invalid civil law \Forbidden to pay to make the legal basis of the principle of fraud exception, I believe that we should establish a letter of credit to ban the payment order system. The fourth part of the author against the status quo in China put forward a number of recommendations for the construction of anti-credit fraud: including the provisions of the criminal law on the letter of credit fraud, and improve the preservation of the provisions of the Code of Civil Procedure relating to litigation, and to develop a system of letters of credit, laws and improve the system of the order of payment.

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CLC: > Economic > Trade and Economic > International trade > International Trade Theory and methods > International Trade Practice
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