초록 열기/닫기 버튼
In this paper, I found out the attitude of fraud of letter of credit(L/C) in Chinese court through analyzing the judicial interpretation related to fraud of L/C in Supreme People's Court(SPC) in China. Moreover, I would like to give some helps to understand more deeply about the provision related to fraud of L/C in China through more thoroughly analyzing the standard of fraud, the limit of application of fraud exception, the responsibility immune and so forth in the judicial interpretation in China. There are some problems and implications related to the judicial interpretation in fraud of L/C in China observed in this paper as follow. First of all, the judicial interpretation in fraud of L/C in China is nothing more than a leading suggestion of SPC. Therefore, there are some problems that the judicial interpretation cannot be applied strictly and also has low efficiency in law. Secondly, Chinese judges have lack of understanding about L/C. The lack of knowledge in L/C of judges led to overissue the ruling of stopping of payment. Especially, the situations of overissuing the order of suspension are found out in judgement of district court which doesn't have opportunities to handle the fraud of L/C. Thirdly, the types of fraud of L/C in 'conflict provision about L/C, 2006' are provided too general and also too abstractive. Thus, the article 8(4) in the provision provided that 'in case of processing the situations of other frauds of L/C' can be authorized as fraud of L/C. Even though the provision also provides for dealing with fraud types except for the fraud types which are provided in the article 8 because of complex and diversity in fraud of L/C, the provision can be easily used by the parties who don't want to pay the amount of L/C or want to delay. Furthermore, because courts can apply different standards in the same provision, predictability, which is the basis of law, can be depreciated a lot. Fourthly, the situation that China formulated the specific provision related to fraud of L/C is worth to pay attention comparing to the situation that most of countries in the world are not only formulating the special provision about fraud of L/C but also applying general law related to fraud.
키워드열기/닫기 버튼
Fraud Exception of Letter of Credit
