The Letter Of Credit Cheat Exceptional Principle And Its Is Suitable

The letter of credit until now in the international trade uses the most widespread one settlement way. Because the letter of credit has substituted for the commercial credit by the bank credit, compared with purely take the commercial credit as the safeguard clearing forms, commissions to collect on own behalf and so on other inter national settlement ways to have the incomparable superiority, therefore, has been published since its 19th century, it rapidly popularizes world each place, then becomes the international settlement tool which now the world international economics and trade domain may not substitute. However the recent years, was following the world economics integration degree enhancement and the international economics and trade development, in the international trade letter of credit cheated increasingly fiercely, this caused the international trade both sides litigants to suffer the huge economic loss, simultaneously seriously has also affected the international economics and trade development. Therefore, faces up to the legal matter which the letter of credit cheats, studies the related counter measure, already became the law and the solid service urgent matter.Under the letter of credit cheat question serious whole world background, the establishment "the cheat exceptional principle" has become the fact day by day which does not struggle. This article the general theory which cheats from the letter of credit and the letter of credit embarks, the union various countries the legislation, the judicial practice which cheats about the letter of credit, in view of our country the legislation lag, the correlation law which exists in the letter of credit cheat aspect is not perfect, the judicial not standard and so on the realistic question, conducts the research to the various countries' standard letter of credit cheat behavior law and the legal precedent, hoped derives the nutrient to use for me, thus changes our country in the correlation domain backward present situation. Through this article analysis, the author attempts in to base our country letter of credit cheat and the letter of credit cheat exception legislation, the judicial practice in fact, the modelint ernational experience and the international advanced theory, unify certainly certainly domestic and foreign has the representative case, proposed to our country letter of credit cheat and in letter of credit cheat exception legislation some suggestions, hoped for our country strengthens the letter of credit cheat and in the letter of credit cheat exception legislation, appears as soon as possible about the letter of credit Authoritative law, further consummates our country the legal framework, escorts the escort for our country foreign trade development the function.