The Legal Issues Of International Factoring In Our Country

International factoring is a comprehensive international financing settlement service, which is a collection of trade finance, credit investigation, credit risk management, credit risk in one. It has been developing rapidly in the last twenty or thirty years. The international factoring can more effectively solve credit transactions, exporters Zhanya funds and importers to commercial credit problems, and in Europe, America, Southeast Asia and other places has been becoming more and more prevalent, even in the settlement of trade between Europe and the United States has largely replaced the letter of credit and become the main mode of financing of settlement.However, in China, commercial banks in the traditional risk management and credit culture, to rely on trade background and accounts receivable management of international factoring business, the lack of proper judgment, assessment and management program, still habitually tend to use credit guarantee or third party guarantee financing guarantee, with the traditional credit fund approval mode to manage international factoring business, resulting in international factoring business from acceptance, review, approval, issuance, credit supervision and other aspects of the lack of personality, it is difficult to play a real advantage of the new financial services in international trade.This article is to explore the existing problems and restrict the development of international factoring in our country by combining the practical operation process of domestic commercial banks in the international factoring business, and then put forward the measures to improve the international factoring business market share and commercial banks in the international financial markets.This paper is composed of two parts: introduction and text. Introduction from once in domestic banks have significant impact on the "Nanjing Ericsson sider" event of examples, reflecting the factoring business in the enterprises of China’s trade development status and on the great influence of China’s financial industry. The introduction from the case, also reflects the practice of this paper, in the process of theoretical discussion, focusing on the practice of China’s commercial banks to launch, the research purpose is to focus on international factoring business in our country’s practical operation of the existing problems and suggestions, so as to help make this problem more practical value.The main body is divided into four chapters. The first chapter "The Basic Concept of Factoring" mainly expounds the basic concepts and the development process, and the general operation of the factoring business, including: recourse factoring and non recourse factoring, factoring and covert factoring, factoring and factoring, double factoring and single factoring four categories, the commercial banks in the factoring business practice of common classification standards and factoring business model.The part which is "the development of international factoring in China" introduces the emergence and development of international factoring business in China, and focuses on the different definitions of international factoring business, which reflects the common and practical understanding of various banks in the process of international factoring. At the same time, this chapter focuses on the international factoring business before the formal, applied in our traditional trade finance "factoring" financial products, forfaiting, export should be accounts receivable risk participation, credit insurance export credit financing business of international factoring in the comparison, highlighting the special nature of international factoring, and then expands in the import and export business in the eyes and product advantages of international factoring.In the second chapter, “The Definition and Nature of International Factoring”, the definition and nature of international factoring, the current international factoring services are described, and the legal nature of the "right to say" and "financing mode", respectively, are analyzed.The other part in this chapter focuses on the main legal relationship of international factoring, which is based on the "two contract" relationship, which is based on the "contracts", which is based on the international factoring, and analyzes the relationship between exporters and importers, exporters and importers.The third chapter "the practice operation of international factoring" focuses on the operational process of international factoring. On the one hand, according to the internationally accepted practice, the operation steps of international factoring business, on the other hand, from various commercial banks in China as a factor in the international factoring business, the focus of the main part of the commercial banks to reflect the common concern of the factoring business.And the part of "the existing problems in China’s current practice," the international factoring business features and the focus of China’s commercial banks to compare the combination of credit management, credit management, accounts receivable, accounts receivable transfer of public notice, as well as five aspects of the authenticity of trade background, analysis of the existing problems in the practice of commercial banks and international factoring business development needs.The forth chapter "the suggestions on the development of our country’s international factoring business", from the perfect legal system, perfect credit system, perfect the evaluation system, improve the cooperation system of four aspects, the development of China’s international factoring.Finally, the article also puts forward that the development speed of international factoring business in our country’s import and export trade development speed, there is still a big gap, with a broad space for development, increasing global attention and attention, will become the world’s international factoring business. Therefore, the research on the practice of international factoring in our country, it will be a dynamic and long-term process, will be accompanied by the development of China’s international trade and the promotion of international factoring business, refinement.