Empirical Research On Tradable Financing Disputes

Trade Finance,is the enterprises through the trade in the process of buying and selling form accounts payable,and to pay the corresponding cost of capital takes up the cost of the goods produced by different payment term margin and payment deferred payment of liquidated damages,etc.,for a long time to take up the accounts payable,so as to achieve the purpose of financing.Some enterprises adopt the method of circulation and trade,related the buyback,signed with many sales,warehousing,logistics,such as contract,thus forming a complex trade chain,has certain concealment.Its business is to sign the contract of buying and selling of goods in the name of a mask essence of lending between enterprises.This article through to the court of 53 trading financing remedy cases involving data collection and statistical analysis,tries to reveal to tradable financing issue in the judicial practice in our country’s determination and treatment,and provide the foundation for effect assessment and policy Suggestions.Tradable financing disputes according to the number of parties involved,is divided into two sides trade and multilateral trade,on the basis of further classification.This article deems appropriate financing disputes typical way of multilateral trade the tray in combination with the case no.2678(2015)from the supreme people’s court verdict accordingly,multiple determination and contract the parties in the financing tray between legal status are analyzed,and the tradable financing disputes and general trade and general financing for distinction.