河南科技大学阶段论文题目＿信用证软条款及其风险防范探析＿＿姓名＿＿＿贾高进＿＿＿＿＿院（系）＿＿＿经济学院＿＿＿＿＿专业班级＿＿国贸072＿＿＿＿＿＿指导教师＿＿吴松岭＿＿＿＿＿＿2010年7 月6 日信用证软条款及其风险防范探析摘要信用证的产生是国际贸易支付方式的一次重要变革，这种支付方式首次使不在交货现场的买卖双方在履行合同时处于同等地位，在一定程度上使他们重新找回了"一手交钱，一手交货"的现场交易所具有的安全感，解决了双方互不信任的矛盾。
信用证的这一优越性已使其成为当今国际贸易中最为重要的支付方式，极大地促进了国际贸易的发展。
然而信用证的独立性原则以及相关立法不完善，使得信用证在使用过程中不可避免的会出现许多问题，其中“软条款”问题尤为典型。
信用证中的软条款常常使得受益人无法依据信用证规定交付单据，获得货款。
信用证软条款的存在，损害了信用证受益人的合法权益，严重影响了信用证在国际贸易结算中的地位和作用。
本文基于大量研究与案例，通过对信用证软条款的产生原因，内在性质以及表现形式的深入分析，对信用证软条款所涉及的内容进行全面把握，力图寻求一些行之有效的方法来规避软条款带来的风险，同时希望在此研究基础之上能提出一些建议，来弥补信用证这方面的缺陷。
另外，在一定程度上也是为了呼吁国际商会能与世界各国一道，通过协商，能够赋予信用证一定的法律效力，进一步巩固和提升信用证在国际贸易中地位。
关键词：软条款信用证欺诈防范识别THE RESEARCH ON RISKES OF SOFT CLAUSES AND PROVENTION THEREOFABSTRACTThe generation of L/C is a very important innovation in the payment of interational trade.This kind of payment place both of seller and buyer in the equal position,which made them find the sense of safety just like a face to face trade,and deal with successfully the contradiction of mutual-distrust.The advantage of L/C has made it become the most important payment in the international trade nowdays,and effectively promote the development of international.However,the principle of independence of L/C and the incompleteness of relevent legislation causes lots of troubles when use L/C,and the soft clause is a remarkable example.The soft clauses in L/C often make beneficiary fail to submit bills according to the provisions of L/C,then lead to lose the payment for goods.The existence of soft clauses undermine beneficiary’s legal benefit,and it also influence the position and function of L/C in the international settlement.This article is based on lots of researches and cases,through deeply analysing to the reasons of generation of soft clauses and its internal essence,at same time,this thesis has a comprehensive understanding to the problems involved in soft clauses so that I could find some solutions ot avoid the risks brought by soft clauses.In the end of this article I give some suggestions in the hope that they could make some help to improve the function of L/C.On the other hand,I want to call on ICC and the nations in this world could make jiont effort to endow L/C with some legal force,which will be helpful to consolidate and improve the status of L/C in the international trade.KEY WORDS:soft clause, Letter of Credit, fraud, prevention, identify目录前言···········································································································- 1 -一、信用证软条款的基本概念 ··········································································- 2 -二、信用证软条款产生的背景及原因分析 ···························································- 2 -（一）信用证软条款产生的背景 ······························································- 2 - （二）信用证软条款产生的原因 ······························································- 3 - 1．内部原因····················································································- 3 -2．外部原因····················································································- 4 - 三、信用证软条款的性质分析 ··········································································- 4 -（一）具有欺诈性质的软条款 ·································································- 4 - （二）规避风险性质的软条款 ·································································- 5 - 四、信用证软条款产生的负面影响分析 ······························································- 5 -（一）打击了出口商从事国际贸易的积极性··············································- 5 - （二）削弱了信用证在国际支付方式中的地位 ··········································- 5 - 五、信用证软条款的识别与分类 ·······································································- 6 -（一）信用证软条款的识别·····································································- 6 - （二）信用证软条款的分类·····································································- 7 - 六、信用证软条款的风险规避 ··········································································- 8 -（一）认真签订货物买卖合同，完善合同各项条款 ····································- 8 - （二）对客户进行资信调查·····································································- 9 - （三）加强信用证的审核工作 ·································································- 9 - （四）认真履行信用证中规定的义务 ···························································- 9 - （五）外贸企业加强与银行的合作 ···························································· - 10 - （六）外贸企业应加强专业人才的培养 ······················································ - 10 - 七、完善信用证的几点建议及信用证发展前景展望 ············································· - 11 -（一）国际商会应对信用证软条款问题进行明确界定 ·································· - 11 - （二）统一信用证的格式和统一必须审核的信用证条款 ······························· - 11 - 结语·········································································································· - 13 - 参考文献 ··································································································· - 14 -前言信用证这一支付手段，在当今国际贸易中得到了最为广泛的应用，跟单信用证是“国际商业的生命血液”这一恰当的比喻，在国际上得到了广泛的认同。