论信用证受益人欺诈

Analysis on Beneficiary-Related Fraud in L/C

欺诈例外规则对信用证的三项基本原则提出了挑战。在欧美等国家，由于信用证交易的频发性及判例法制度的灵活性，“实质性”欺诈的认定标准已经比较成熟。而我国信用证交易的实践时间较短，应对信用证欺诈案件不仅经验少，而且由于成文法的局限性使得立法往往滞后于现实的需要。本文以国际惯例及国内相关立法、司法案例为基础，浅析信用证受益人欺诈，并借鉴判例法思维检视我国的实质性标准。

The Fraud Exception rule has challenged the Three Principles in L/C mechanism. The material test has been adopted maturely due to the frequent trading practice and the flexibility of case law system in EU and U.S.A.. However, less practice in L/C trading in China than that in the west produced the lack of mature experience in dealing with the litigation with regard to L/C dispute, and more than often , the Continental System tradition leads China＇s legislation behind the practical requirements. This article is intended to offer an overview on beneficiary-related fraud in L/C and the material test in China based on international practice, domestic statutes and case law thinking in this regard.