Study On The Legal Issues Of Circular Trade

The trade cycle is produced in judicial practice in recent years,the Supreme People's court "Lili and Hangzhou Heng Industrial Co.,Ltd.corporate lending disputes","international trade limited liability company and Chinese aviation gasoline group Shanghai Petroleum Company Limited general sale contract dispute" and "the Rizhao Port Group Co.Department of coal transportation company and the Shanxi coking coal group international development enterprises Limited by Share Ltd lending disputes three cases as the typical representative.But in judicial practice,cognizance of the trade cycle is not clear,its nature and effectiveness are controversial.Therefore this paper want to make on the courts at all levels have on the trade cycle By reviewing,arranging and summarizing the judicial practice of circular trade,the author discusses the identification,nature and effectiveness of "circular trade" in the light of relevant academic theories.This paper is divided into four parts:The first part is mainly analyzing the relevant trade circulation to the referee instruments for the collection,summarized the judicial practice circulation trade.Because the trade cycle is produced in judicial practice in recent years,few scholars study.Therefore to explore the legal issues of trade circulation,we need to distinguish the judicial practice of circulation trade.The second part is comparison of the trade cycle and the similar systems and discuss its elements.By comparing the similarity and circulation trade system of financing lease,and corporate lending,trade and circulation to explore the similarities and differences of the two,in order to better understand the circular trade elements.Combined with several elements of the trade cycle the collected judgment in case of important trade circulation problems are discussed,elements of clear circulation trade.The third part is the discussion on the nature of the trade cycle.Through the identification of the nature of the trade cycle induction in the judicial practice,analysis of different views on trade circulation qualitative in judicial practice,combined with the transaction cycle characteristics of trade,its qualitative.The fourth part is to analyze the effect of trade contract is still circulating.Through the inductive judgment court different views for the validity of the trade cycle,analysis finds that the reason of judgment validity,the validity of the contract of circulation trade gives the view of this paper.