Research On The Legal Issues Of Domestic Bank Factoring Disputes

Domestic factoring originated from international factoring,so when studying domestic factoring,international factoring exists in the sense of "should be".However,in fact,domestic factoring is quite different from international factoringfrom the perspective of economics.The reason is not the qualitative change of factoring business itself,but the result of placing "factoring" as a financial service in two different contexts of "international finance" and "domestic finance".Factoring is a kind of widely used and mature financial service in the international economic activities.In domestic economic activities,however,factoring is only a new type of financial service.Accordingly,the legal regulation of international factoring business is relatively perfect,but there is no special regulation of domestic factoring business,only some administrative regulations and industry regulations,and the related system construction is not mature as well.In addition,there are many disputes and different approaches on the legal nature of factoring,the rights and obligations of all parties,and the protection of the rights of the factors,no matter in the field of legal theory or judicial practice.Since the concept of factoring and the extension of rights are not clearly defined in domestic legislation,the first chapter of this paper introduces the definition,classification and current situation of domestic bank factoring.According to the situation introduced in this chapter,the legal framework of domestic bank factoring has actually been constructed,and based on its own nature and characteristics,it can play a significant role in such aspects as financing of small and medium-sized enterprises.Although the legal framework of domestic bank factoring business has been formed,there are still many disputes in the theoretical level,which makes the nature and characteristics of domestic bank factoring not clear,and there are still fuzzy boundaries and characteristics with many similar financial service products.The second chapter of this paper starts from the legal characteristics of bank factoring,try to discuss the characteristics of domestic bank factoring,and at the same time clarify the boundary between domestic bank factoring business and similar financial service products.The third chapter of this paper is based on the data,analyzesthe actual disputes of domestic bank factoring business through the relevant sample cases.Through the analysis of the risks faced by the factor reflected in the sample cases and the focus of their examination,the author believes that there is a "off tracking" approach in the practice of the factor operating the factoring business in the mode of financial loans.On this basis,the fourth chapter makes clear the rights and obligations of the factors,creditors and debtors,and discusses and analyzes the problems reflected in the sample cases.The fifth chapter of this paper takes the individual case as the starting point,combined with the contents of the fourth chapter,analyzes the risks that the factors may encounter,and puts forward the corresponding suggestions in the practice of individual case operation.The sixth chapter is on the basis of the previous article,which suggests that we should not rush to regulate the factoring business in the form of law at the legislative level,but should establish and improve the supporting system;we should strictly control the review of the obligations of the factors at the judicial level,and correct the "off tracking" behavior of the factoring business.