一、当事人之间并无真实的贸易背景,却以进口货物为名,向银行申请开立信用证,导致银行大量资金外流,损害国家利益的,应认定申请开证关系无效,担保人为此所作的担保亦应无效。二、当事人之间虽明确选择了有关国际惯例作为双方委托信用证开证关系的依据,但该惯例在适用上是排除开证行与开证申请人之间的委托开证法律关系的,应适用国内法的有关规定,予以处理。 First, there is no real trade background between the parties, but the name of the imported goods, apply for a letter of credit opened to the bank, resulting in a large bank outflow of funds, damage to national interests, should be found to apply for a certificate of validity, the guarantor to do so The guarantee should also be invalid. Second, although the parties explicitly chose the relevant international practice as the basis for the issuance of letter of credit entrusted by both parties, the practice is, where applicable, excluding the legal relationship between the issuing bank and the applicant for the issuance of the contract, should Applicable to the relevant provisions of domestic law, to be addressed.