论信用证第三人欺诈中受益人法律责任的认定.pdfVIP

On the Determination of the Legal Responsibility for the Beneficiary in Fraud of Letter of Credit including a Third Party Abstract The subject of this article is on the determination of the legal responsibility for the beneficiary in fraud of the letter of credit including a third-party. It constitutes a letter of credit fraud objectively that the authenticity of the documents submitted by the beneficiary , in which a third party participates in the implementation of fraud. First of all, this article explains the new concept of “Letter of Credit Third Party Fraud” through the definition of higher-level concepts and the choice of new standards. By then there are two categories classified by the number of fraud subjects, both beneficiaries and third parties doing the fraud and only the third party. Secondly, in order to seek a legitimate basis for its legislation and legal practice, this article analyzes the legal basis and practical needs of pursuing the legal responsibility of the beneficiary in the third party fraud of the letter of credit. Moreover, this article introduces the practice of the more experienced countries in the Common Law system that China mainly draws on in the field of fraud of letter of credit disputes. And with collating China’s legislative and judicial practice in this field and combing the accumulation of foreign experience with our practice , the problems of uncertain overall standard, double strict standard, and uniformity with other laws were found in the field of fraud of letter of credit including a third party handling and judging in China. Finally, this paper analyzes the two types of fraud of letter of credit and has a plan for their due determination criteria. Based on all the