Research On Judicial Practice Of Factoring Contract

Commercial factoring is an important part of modern finance and an important complement to traditional financial services.Since the piloting of commercial factoring companies in 2012,China's commercial factoring industry has developed rapidly.It has played an important role in serving the real economy,cracking the financing difficulties of small and medium-sized enterprises,and reducing the leverage ratio of enterprises.The market awareness and attention of the factoring industry have also been significantly improved.However,the supporting Judicial explanations related to factoring business were inadequate.The number of factoring contract dispute cases has increased year by year,and the complexity of factoring dispute cases has led to problems in the legal practice of factoring contract dispute cases in Judicial practice.Together,these factors have led to the Judicial dilemma of the inconsistency of the standard of Judgment in factoring dispute cases.on May 28,2020,the Third Session of the 13 th National People's Congress voted and passed the "Civil Code of the People's Republic of China",which includes a new chapter of the contract chapter of the factoring contract.Through the empirical analysis of the Judgment documents published on the Chinese Judgment documents online,the overall number of cases collected,the case,Jurisdiction,the parties,the application of laws and other dimensions are analyzed to understand the current status of factoring contract Judicial practice from different levels;Several major controversial issues in the domestic court's trial practice are manifested in the cause of factoring contract disputes and the determination of Jurisdiction,Future assignment of accounts receivables,the validity of false accounts receivable and factoring contracts,and the existence of assignment prohibition clauses in basic contracts Issues and legal application basis.The "Civil Code" promulgated the relevant legislative provisions of the new factoring contract,and put forward suggestions for general legislative implementation and improvement.