信用证作为国际贸易结算的一种方式,被誉为“国际商业的生命线”。其最大优点即在于它以银行信用作为保障,通过与基础合同的分离,凭符合条件的书面单据作为付款条件的方式,使之成为对卖方有保障且非常便捷的国际贸易支付手段之一。最大限度的保障信用证的独立抽象性也成为各国一贯坚持的基本立场,然而,固有的机制漏洞也给不法商人下了欺诈的可能。本文试从信用证欺诈的理论框架入手,探究欺诈例外原则的必要性与可行性,在此基础上,进一步明确适用信用证欺诈例外原则的适用条件,结合实践中遇到的问题,提出具体的解决对策。以期通过宏观把握的和微观的深入对欺诈例外原则进行梳理和论证,使之明确化、法定化,最终达到“权尽其用,定纷止争”的制度功效。 As a way of settlement of international trade, letters of credit are known as “the lifeline of international commerce”. Its biggest advantage is that it uses bank credit as a guarantee and separates it from its basic contract and uses qualified paper documents as payment terms, making it one of the safeguarded and very convenient means of payment for international trade by the seller. To ensure the independence and abstraction of the L / C to the maximum extent has also become the basic position that all countries have consistently adhered to. However, the inherent loopholes in the system also give unscrupulous merchants the possibility of fraud. This article tries to begin with the theoretical framework of credit fraud and explore the necessity and feasibility of the principle of fraud exception. On the basis of this, we further clarify the applicable conditions of the principle of fraud exception applicable to letters of credit, and combine with the problems encountered in practice, solutions. With a view to clarifying and legalizing the principle of fraud exception through macroscopic and micro-depth investigation, we can make it clear and statutory, finally achieving the institutional effectiveness of “making the best use of the fraud and ending disputes.”