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A View on L/C Fraud and Legal Regulations

Abstract:
L/C is an important payment term in modern international trade, which is en evitable way in the development of international trade. It replaces the business credit of the traders with bank credit, which guarantees the payment to the seller and reduces the risks of settlement. The independance rule of L/C is fundamental for the existence and development of L/C. According to the rule, the L/C and the documents are seperate from the contract in the business. But this rule brings the fraud conditions for the beneficiary. In order to make up the defects of L/C operation machanism and prevent L/C fraud, an important rule - Fraud Exception of Documentary Credit is developped by many countries. This paper starts at the definition and causes of L/C fraud, discusses the key problems of the "fraud" in fraud exception cases, exclusion of fraud exception application, how to deal with fraud exception by the issuing bank and the relationship between fraud exception and legal bans, analyzes the problems in the judicature practice, and points out some related suggestions for improvement. The research to this problem is crucial in the international trade in China. Already as a member of WTO, China is confronted with complicated and variable situation in international trade, China must put enough emphasis on L/C problems to guarantee proper and fast growth of the economy.

Key words: L/C, L/C fraud, independance rule, fraud exception of documentary credit

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软件翻译，仅做提示参考
Talk about swindle of letter of credit and legal structure
[Content summary ]
Letter of credit as modern important way that international trade pay, it is international trade that develop into certain result of historical stage. It replaces commercial credit with the credit of the bank, has played the function of ensuring seller's security to collect money , avoid the settlement risk objectively. The principle of independent character (or independence ) of the letter of credit is the fundamental principle that the system of the letter of credit depends on for existence and development, separate according to this letter of credit of principle and relevant document and contract trade. But this kind of mechanism has created conditions that the beneficiary is engaged in the fraud , so in order to remedy the defect of the operating mechanism of letter of credit , make great efforts to look for the measure of preventing the letter of credit from swindling, various countries have developed the important system of preventing the letter of credit from swindling gradually - -The letter of credit swindles the exception. The analysis of the meaning that this text swindles from the letter of credit and production reason is started with, what is meant by to " swindle " the ones that swindled the exception while using on this basis, how should should getting rid of , issuing bank swindling the exception suitably carry on the discussion to the important problem of swindling the exception , swindling the relation that the exception and court prohibit Fu Ling etc., and think to the question existing in the judicial practice of our country , propose the relevant perfect suggestion. There is an enormous realistic meaning to international trade of our country in the research and exploration to this question, especially after entering the WTO, face the complicated and changeable international trade problem, our country needs to pay enough attention to the letter of credit even more, could guarantee the development that the economy of our country is healthy and fast !