Research On The Legal Regulation Of Factoring In China

Factoring is the abbreviation of the Guarantee Payment Agent,which is an emerging settlement method to ensure that the seller can get the payment.Although it has been introduced to China in the last century,due to various reasons,this settlement method has not been effectively utilized in China for a long time.With the continuous deepening of reform and opening up and the rapid development of China's economy,the advantages of the factoring system itself have become more and more prominent,and more and more people have become aware of it,which has promoted the effective implementation and extensive use of the factoring system in a larger scale in China.However,since the factoring system itself is a fusion of multiple legal systems,there are legal relationships of different attributes among the parties,and thus constitute a complete and complex whole,which inevitably leads to the existence of various legal problems.Since 2009,China's Ministry of Commerce,the Banking Regulatory Commission,the Supreme People's Court,and local governments at various levels have issued dozens of requirements for the rules of conduct of factoring,and have issued dozens of requirements for the rules of conduct of factoring.However,it has not formed a comprehensive and systematic legal regulation of the factoring system,resulting in different understandings of the related issues of factoring in practice.The results of the same or similar problems are different or even contradictory,seriously restricting and affecting The implementation and development of the factoring system.To this end,to solve the problems caused by the absence of the law is an urgent task.This paper consists of four parts.The first part is the general part of factoring.It focuses on the basic concepts of the concept and form of factoring and factoring legal regulation,the main parties under the factoring system and their legal relationship.On this basis,it combs and summarizes the existing theory of factoring relationship and theoretical controversy from the theoretical level,and necessary paves the way for the specific analysis of the legal regulation of factoring in China.The second part focuses on the status question and existing problems of China's factoring legal regulation.On the one hand,it focuses on the development process of China's factoring legal regulation and the current regulations,and clarifies the scope and boundary of the research questions mentioned in this paper;on the other hand,it summarizes the problems existing in the existing legal regulation of factoring,such as the lack of core legislation on factoring,the lack of clear regulatory body,the lack of effective relief mechanism,etc.,and attempts to analyze its causes,in order to provide targeted recommendations for improving the legalization of factoring.The third part systematically expounds the basic content of German legal regulation of factoring.On this basis,it extracts the content for China to inspire and learn.The fourth part puts forward specific suggestions to improve China's factoring legal regulation.First of all,it should create comprehensive and systematic legislation on factoring,so that there are laws to follow and clear legislation to ensure the effective use of factoring system in practice,including the development of special laws and improvement of the regulatory mechanism for factoring.Secondly,establish a financial system that is compatible with the factoring industry and improve the construction of the industry credit system.Finally,a diversified dispute resolution system should be established,including the role of arbitration in solving factoring and the adjustment mechanism of industry associations.