Research On The Legislative Problem Of International Factoring

International factoring is an alternative method of international settlement and financing provided by factors to exporters, which involves financing, sales ledger administration, collection of accounts receivables and security of buyer's credit risk.Under the current situation of buyer's market, fierce competition of international trade and diverse methods of international settlement, international factoring business meets the demands of development of international trade because of its particular advantage and consequently has gained wide recognition and application in the world. But international factoring lies in the phase of elementary and the volume of it is little in China. It can not meet the status of big trade country and do not good for our companies to occupy the international market. One of the main reasons for this is the deficiency of related laws. Therefore, on the basis of traditional theory of civil law and international law, the purpose of this paper is to study the core of international factoring and other problems around it, and then to find a better way to perfect our legislation on international factoring.Apart from the preface and the conclusion, this thesis can be divided into four chapters.Chapter One is the brief account of international factoring. This chapter introduces the definition, origin and the development, classification, function as well as the operating procedure of international factoring. Through the comparison and analysis of the definitions of international factoring, its origin and its development, this chapter clearly defines the term international factoring, its classification as well as its functions.Chapter Two is the legislation analysis of international factoring. First, it analyses several traditional theories about the legal basis of international factoring. Then it further discusses the assignment of account receivables and some relative legal problems, which is the basis of international factoring. Finally this chapter devotes to the legal relation between international factoring parties on the basis of double-factoring.Chapter Three is a comparison of international factoring legislation of some countries or religions. This chapter emphasizes the inspection of international factoring in practice. It gives an introduction of international factoring legislation in several developed countries, such as the United States, Britain and German, as well as some relative international organizations, which provides referential experience for China's international factoring legislation.Chapter Four deals with the perfection of international factoring in China. This chapter introduces the current situation of the international factoring legislation in China. And on the basis of the previous understanding and knowledge, by analyzing the current development and the future of present international trade and the international financial field, this chapter puts forward some reasonable and constructive suggestions on how to develop the international factoring in China, in the hope to make some contribution to the sound development of the international factoring in China. At last, this thesis offers a general evaluation and conception of international factoring.