Study On The Protection Of The Rights And Interests Of The Issuing Bank Under L/C Fraud

In recent years, the total number of the passive disbursements had a sharp increase in the issuing bank under L/C in our country, and the proportion of non-performing assets of foreign exchange also increased significantly, seriously restricted the sustainable and stable development of the issuing bank’s foreign exchange business. China issuing banks often are the victims of the L/C fraud during the international communication, but legislation level on the L/C fraud in China is not high currently, and there is very little protection for the rights and interests of the issuing bank, resulting court make different and even contradictory verdict since lack of adequate legal basis, which greatly influence the issuing banks’ business activities and their international reputation. Therefore, it is necessary to conduct an in-depth study on the theory of the protection of the rights and interests of the issuing bank and the domestic and foreign legislative and judicial status. In this article, by the comprehensive analysis of the existing research results, it explores the legal theory behind the protection of the rights and interests of the issuing bank, extracts my understanding of the protection of the rights and interests of the issuing bank under the l/c fraud. Meanwhile, it combines with the real cases and the new situation, clarifies the specific content of the protection and the problems met in the protection of the rights and interests of the issuing bank under the l/c fraud, solves the realistic problems from the above.From this point of view, the following dissertation is divided into four parts: Chapter one is the analysis of the basic legal theory of the rights and interests of the issuing bank letter of credit fraud. Chapter two is the briefing on the protection of the rights and interests of the issuing bank letter of credit fraud in China’s legislation judicial practice and the existing problems. Chapter three is about comparison analysis of the protection of the rights and interests of the issuing bank letter of credit fraud. Through understanding the establishment and development of the protection of the rights and interests of the issuing bank letter of credit fraud in common law and civil law countries, as well as analyzing international commercial practices and the relevant provisions of the International Covenant, the author tries to compare their strengths and weaknesses in the application. The last part reviews some legislative and judicial activity about protection of the rights and interests of the issuing bank letter of credit fraud in our country, on the basis of analysis the existing problems, offers perfect feasible proposals.