论信用证欺诈及其规制

On Fraud with Letter of Credit and Its Regulation

信用证欺诈是民事欺诈在信用证领域的一种特殊表现形式,导致信用证欺诈的主要原因是信用证法律制度的抽象独立性原则,此外,低风险高回报的利益驱使以及单据格式的不统一都可诱发欺诈的产生。按欺诈的主体不同可将其分为:受益人欺诈、开证申请人欺诈、开证申请人与开证行共同欺诈、开证申请人和受益人共同欺诈、受益人和承运人共同欺诈。对信用证欺诈问题的规制,可以分为事后与事前两种方法,以确保交易安全。

Fraud with L/C is a special form of civil fraud in L/C field. The major reason behind fraud with L/C is the legal principle of abstractness and independence in L/C system. In addition, driven by low-risk and high-return in the fraud, as well as the interests from the discrepancy in the document formats may induce the fraud. Based on different principal parts of fraud, it can be classified into frauds by the beneficiary, by the applicant, by the applicant and the opening bank, by the applicant and the beneficiary, and by the beneficiary and the carrier. The regulation of fraud with L/C can be in advance an ex post facto to ensure security of the transaction.