信用证欺诈的法律救济问题分析-analysis of legal remedies for l c fraud.docxVIP

The text of this dissertation is divided into three parts:Chapter one is the analysis of the concept and origins of the fraud in letter of credit. It is impossible to strike a unanimous concept in the world, and the International Chamber of Commerce (ICC) evades the concept as well, just because the concept of fraud varies in different countries. The origins of fraud in letter of credit are from three aspects: the defects of system，which is the Independence Principle providing hotbed for the fraud in L/C; subjective reasons, which are Chinese enterprises are unfamiliar with the international practice, and pay less attention to the credit investigation towards the foreign counterparts, and those lawless persons are driven by the huge profits and lower risks of the fraud in L/C; objective reasons, which are the difficulty of transnational recourse, and the complexity of the system of L/C.Chapter two is the analysis of the system of Interlocutory Injunction, which is the main system of remedies in protecting against fraud in L/C. At first, it is the introduction of the application condition and the procedure of American Interlocutory Injunction. American Interlocutory Injunction has two kinds, Temporary Restraining Order (TRO) and Preliminary Injunction. The application condition of Temporary Restraining Order is to prove urgent necessity of the potential harm, while Preliminary Injunction’s application condition is stricter, the applicant should demonstrate conditions such as fraud existence andbeing material, and the applicant’s probability of success on the merits and so on. Then it is the analysis of the system of Interlocutory Injunction in Britain. In Britain, the application condition includes three parts: the applicant should demonstrate the sufficient cause which is to demonstrate that the fraud exists and the counterpart is aware of the fraud; to demonstrate that the cause of action exists, which means the counterpart breaches the contract obligation;