试论信用证止付制度

On the System of Stopping Payment of L/C

作为信用证欺诈例外原则的实现手段,信用证止付在遏制信用证欺诈方面发挥了重要作用。在我国,法院通过采取保全措施冻结信用证项下款额,使部分国内企业避免或减少了损失,但法院对止付信用证随意性较大,司法干预信用证过宽,产生了不良后果,受到了国际社会的批评,严重影响了我国外贸的进行,完善我国信用证止付制度势在必行。

As the fulfillment method of the L/C fraud exception principle, stopping the payment of L/C plays an important role in controlling L/C fraud. In China, courts frozen L/C by taking measures that save from damages. In the situation, some domestic enterprises are able to avoid or lessen loss. However, when stopping payment of L/C, courts are too random and judiciary interferes too much. That has led to bad results and is criticized by the international society. Chinese foreign trade has been seriously affected by it and the perfect of the legislation of China's L/C system is impending.