信用证欺诈的原因与对策探究

Explorations on the Reasons and Countermeasures of Fraud with Letter of Credit

信用证是国际经济贸易中最为常见的支付手段,素有"国际商业的生命线"之称。然而,随着时代的发展进步,国际贸易日益频繁,交易内容日趋复杂,信用证欺诈时有出现,以至于上升为实务工作的一大难题。信用证欺诈的具体成因是多方面的,其中的主要原因有:(1)该制度本身存在的漏洞;(2)国际、国内立法的缺失;(3)因前两项而导致的国际间合作不足。为了应对信用证欺诈,当事人要加强资信调查,选择对己方有利的国际贸易术语,国家和国际组织应该注重进行针对性立法,并扩大国际间的交流与合作,合理利用信用证欺诈例外原则。

Letter of Credit（L/C）, which is regarded as the ＂lifeline of international business＂, is the most common means of payment in international trades. However, with the development of the era, international trades are getting increasingly frequent and the contents of transactions are getting increasingly complicated. There have been frauds with L/C now and then, which has become a serious problem in practical operations. There are many factors leading to the frauds, including, the intrinsic loopholes of the system, the lack of both international and domestic legislations, and imperfect international co-operations due to the former two factors. In order to deal with frauds with L/C, parties involved should strengthen investigation on credit standings and respectability, and choose favorable terms for international trades. Furthermore, all the countries and international organizations should conduct legislations aiming at the problem, enhance international communications and co-operations, and apply the principle of exception on fraud with L/C with reason.