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信用证结算是我国对外贸易结算中采用最多的结算方式,有着银行信用、独立于买卖合同、单据交易的特点。尽管信用证结算较之商业信用的汇款和托收更具安全性,但是,贸易主体仍可能因某些因素一定时限的变化,使得自身的期望利益无从实现。其中,最主要的是由欺诈行为所引发的欺诈风险。当前,周边国家支付能力下降的情况和国内一些企业违规经营的不良后果,都对探讨如何以相应的司法救济措施规避信用证的欺诈风险提出了新的要求。
Settlement of letters of credit is the most widely used settlement method in China’s foreign trade settlement, with bank credit, independent of the sale and purchase contract, the characteristics of document transactions. Although the settlement of letters of credit is more secure than the remittance and collection of commercial credit, the main body of trade may still be unable to realize its desired benefits due to the change of certain factors within a certain period of time. Among them, the most important is the fraud risk caused by fraud. At present, the declining affordability of neighboring countries and the bad consequences of the illegal operation of some domestic enterprises have all put forward new requirements on how to mitigate the risk of fraudulent use of legal letters and measures to evade letters of credit.