| Summary: | 碩士 === 長榮大學 === 經營管理研究所 === 97 === Because of the advancement of technology, international trade has evolved from port-to-port transactions with ships of merchandise in the early days, to transactions with documents. And the transaction media has evolved from payments with money, to merely credit provided between sellers, buyers and banks. In international trade, buyers and sellers initially don’t recognize each other. By choosing letters of credit as the payment tool, on the one hand, both sides are better protected for the features of letters of credit; on the other hand, deceivers can counterfeit letters of credit and other related documents because of these features, to defraud of loans of amounts on letters of credit. However, with any payment methods, the occurrence of document frauds in seaborne trade may harm everyone involved in the trade. Furthermore, from the overall view of the laws in Taiwan, there are no specific regulations to prevent international trade frauds. Therefore when fraud-related cases are encountered, constant lawsuits accumulate, and those cases remain unsettled. Hence, in order to reduce the harm done by fraud, it is necessary to make thorough inquiries into the methods to prevent related fraud and the measures should be taken.
In this study, documentary historical method, inductive method, comparison method, and verdict review were adopted. First, with the date collected from different sources, this study explores the current document fraud in seaborne trade and the corresponding measures taken. Secondly, this study elaborates the law concept of fraud, to future probe into the meaning of sea fraud and its relation with documents for trade. Moreover, this study also organizes the present situation of document fraud in seaborne trade in Taiwan, based on the current conditions of international trade payment methods, documents in common use in trade, habits and principles of trade, and domestic fraud-related cases.
And, from the findings of the sorting of the Supreme Court verdicts, practically, the means to attempt document fraud in seaborne trade are mostly: loading with inferior goods, counterfeiting contracts or orders, applying bills of lading with dishonest techniques, and counterfeiting letters of credit or other required documents for negotiation, causing damage to person(s) involved. Besides, in the present article, it is believed that the best way to prevent document fraud in seaborne trade is to choose trade partners and credit reference agency carefully. Finally, several suggestions have been proposed for the specific countermeasures our government should adopt.
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