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凭信用证付款是现代国际商事中最常见的、最主要的支付方式。实践中,凭信用证支付只要求单证相符,而银行也只负责审核单证的形式,并不审核单证的实质,所以极其容易产生欺诈的现象。因而出现了信用证独立和信用证欺诈之间的矛盾。本文分析了信用证的独立性和信用证中的欺诈,结合对于信用证的立法现状,提出了自己的立法建议。
With credit payment is the most common in modern international commerce, the most important payment methods. In practice, the payment by letter of credit only requires that the documents match, and the bank is only responsible for the examination of the form of the document. It does not examine the essence of the document, so it is extremely prone to fraud. Thus there has been a conflict between credit independence and credit fraud. This article analyzes the independence of letters of credit and fraud in the credit, combined with the current situation of the legislation of the credit, put forward its own legislative proposals.