国际贸易融资中进口押汇若干法律问题研究-国际法学专业论文.docxVIP

STUDY STUDY ON THE LEGAL‘IS SUES OF IMPORT BILL ADVANCE IN烈TERNATl0NAL TRADE FINANCE AB STRACT： With the rapid development of import and export business， trade finance by means of import bill advance has been rendered as one of the financial services by commercial banks．HoweVer there are disputes over import bill advance and its application， legal relations，and rights and obligations of parties involved among researchers，financial institutions and legal practioners． By studying the cases from commercial banks and judicial decisions and analyzing different views over the truth of import bill advance，such as mortgage，pledge，trust，ownership’S retention，this essay portraits the present situation of import bill advance in China．The legal characteristics of and guarantee mechanism for import bill advance adopted by commercial banks are summarized after listing the definitions and operation of‘11：Prtot import billblll advanceadvance‘in Bank15anK ofoI nlna,乙nlna Construction Bank，Industrial Bank，and Shenzhen Development Bank．Import bill advance iS a kind of short-term finance offered by the bank to the importer according to his demand upon receiving the bills under the letter of credit and the import collection collection items．This essay puts forward advices for the establishment of import bill advance in China after making comparative analysis of trust in English law,chattel mortgage in American law,alienation guarantee in German law in continental law system and chattel mortgage in Taiwan，China． Suggestions are provided to commercial banks for risk prevention and contr01．This essay also studies the impacts on chattel guarantee by the newly promulgated Property Law in China and the breakthrough and limitations of chattel guarantee China．Suzzestion,,SuRgest]ons are renaerea；ndered forIor thethe establ]sllment 016 China import bill advance with chattel guarantee as the foundation．By studying the legal issues and application of import bill advance， ●o- ●●●一● this