Research On The Legal System Of Factoring Contract In China

China’s factoring business entered a period of rapid development after 2012,but it has been the first in the global factoring business volume for many consecutive years,making it the largest factoring market in the world.However,contrary to the actual development,the construction of China’s factoring regulatory system has always been imperfect,and the lack of laws and regulations and supporting regulatory measures has also seriously hindered the progress of the healthy development of China’s factoring business.In order to provide stable and appropriate conditions,solve the contradictions existing in judicial practice in our country,and alleviate the current factoring development situation chaos,legislative blank,contract disputes of various problems,on May 28,2020,the 13th session of the National People’s Congress passed the civil code of the People’s Republic of China(hereinafter referred to as "the civil code").Factoring contract is transformed into legal famous contracts and typical contracts,which has laid a clear and reasonable legislative foundation for the vigorous construction of China in the factoring industry.It not only makes up for the legal gap in China’s judicial practice that factoring disputes cannot be followed,but also shows that the development of factoring has been widely recognized by the Chinese legislature,and the general expectation of the society in China to promote the growth of small and medium-sized enterprises in factoring.Therefore,I hope that through systematic comparison,research and analysis of the terms of factoring contracts,we can find out the urgent improvement of the legal system of Chinese factoring contracts,and then put forward some suggestions for improvement.The following four chapters are specifically arranged in this article:The first chapter explains the basic concept,characteristics and specific classification of the factoring contract,and has a comprehensive understanding of the factoring contract,which lays a good theoretical foundation for the following discussion.The second chapter sorts out the development process of China’s factoring contract system and the legislative status of factoring contract,and points out the current problems in China’s factoring contract system.The third chapter expounds the development process and practical effect of the factoring contract system of other countries outside the region,focuses on the analysis of the factoring contract system of the United States,Britain and Germany and the three relevant international conventions,and lists the legislative enlightenment to promote the construction of China’s factoring contract legal system.The fourth chapter considers the existing factoring contract law in China,and gives superficial opinions in three aspects:paying attention to the influence of the basic contract on the factoring contract,improving the creditor’s right transfer system in the factoring contract and establishing the supervision system of the whole process of the factoring contract law.