중국의 최고인민법원의 신용장 분쟁사건 심리에 관한 약간의 문제에 관한 규정 에 관한 연구

A Study on the Rules of the Supreme People s Court on Some Issues Concerning the Trial on the Disputed Cases over the Letter of Credit of China

This study intends to review the rules of the Supreme People s Court on Some Issues Concerning the Trial on the Disputed Cases over the Letter of Credit of China. The background for the rules is that the international reputation of letters of credit issued by domestic banks of China was severely harmed due to the inadequacy of the criteria and discretion of Chinese local courts in their trial of the L/C dispute cases arising out of lack of understanding of the international Rules of Game in the L/C area. The rules consist of 18 articles and cover seven main fields. They include the scope of application and governing law, the independence principle of L/C, the examination of documents and inconsistency, the recognition of L/C fraud, the application of fraud exception rule, the legal process for the application and cancellation of injunction, the warranty issued in connection with the application of L/C etc.