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“中国新时代案”的实质焦点是:欺诈下,指定议付行是否“善意”“议付”了受益人交单?信用证下单据不符点“存在”与“成立”一样吗?信用证下可以“神秘”交单吗?前者涉及信用证下申请人和不同银行的审单责任,后者涉及信用证下交单人的交单责任和银行的确认接收交单责任。这两个问题不仅将影响信用证结算,还将影响信用证融资,值得深入探讨。笔者通过对2008年“中国新时代案”的剖析,试着回答上述两个问题。
“The new case of China Times ” the essence of the focus is: under the fraud, the designated negotiating bank is “goodwill ” “negotiation ” the beneficiary pays a single letter of credit discrepancies “existence ” and “The establishment of ” the same? The letter of credit can “mysterious ” to pay a single? The former involves the letter of credit applicants and different banks of the trial of a single responsibility, which involves the letter of credit handed over the single pay responsibility and Confirmation of bank acceptance to pay a single responsibility. These two issues will not only affect the settlement of letters of credit will also affect the credit financing, it is worth in-depth discussion. The author tries to answer these two questions by analyzing the case of “China’s New Era in 2008”.