A Study On Inward Documentary Bills Under Letter Of Credit

Inward Documentary Bills under Letter of Credit is one important financing which is provided by the bank for the importer.The inward documentary bills produce in commercial practice in Britain and America,and already obtain the legislation and legal precedent support.But in china at present there is no laws and regulations about the problem of Inward Documentary Bills,also no integrity judicial interpretation.While in the letter of credit transaction,the inward documentary bills service in the economics and trade domain and bank practical realm actually is very universal.Because the procedure of inward documentary bills is lack of legal basis,if applies mechanically "Guarantee Law of China" and the judicial interpretation,it will not be able to realize the goal of making the inward documentary bills.This will not favor the development of inward documentary bills service,and it will be unable particularly safeguard the right of opening bank.So when the disputes appeared,the bank faces guarantor's all sorts of counter plea to contradict,the traditional guarantor system is insufficient to protect the bank the benefit Therefore regarding the studying of this question,it will not only has the theory value,but also it is very important to our bank operating.Chapter 1,Introducing the concept of the Inward Documentary Bills as well as the service procedure,has emphatically analyzed the question of legal nature of inward documentary bills,has focused on the different stipulation of making the inward documentary bills service.Chapter 2,Through analyzing each commercial bank different operation progress, we can draws the conclusion:there is no complete standard about inward documentary bills.It is also an important reason for different judicial practice decision.It will give an analysis on legal risk about guarantee mechanism in operating.Chapter 3,Analyzing of two system about opening bank putting the list to applicant,this article has used the contrast analytic method,from English,US's trust receipt procedure,to Germany,Japanese remised the guarantee,proved not only in overseas not-shifting the movable property guarantee way is existing but also it has potential to developing.Through the analysis we can drew that the Inward documentary Bills need an effective guarantee mechanism to lower the bank's legal risk,that is Independent Guarantee mechanism. Chapter 4,Analyzing the present and the problems of Inward Documentary Bills in our country.Introducing the Independent Guarantee,the legal characteristic of it,and by analyzing the necessity and possibility of using Independent Guarantee in order to settle the risks of Inward Documentary Bills service.Maintains the bank credit property security and Maximum limit protects the bank benefit,make sure this business develop smoothly.