关键词: 独立保函, 欺诈例外, 管辖, 法律适用

Abstract: As a new type of guarantee system, the independent guarantee system plays an important role in international economic and trade exchanges. Especially with the advancement of China’s “The Belt and Road” initiative, independent guarantee disputes have become a hot issue in foreignrelated judicial trials. In view of this, the Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Independent Guarantee Dispute Cases came into force. According to the judicial interpretation, issues like the identification of independent guarantees, fraud and remedies for independent guarantees and jurisdiction and legal application of independent guarantees are particularly important. To understand these three issues, we need to compare relevant issues with the United Nations Convention on Independent Guarantees and Standby Letters of Credit, and take into account some typical cases in China’s judicial practice. We believe that the judicial interpretation should be modified in the following aspects: refining the qualifications of independent guarantees, clarifying the criteria for the identification of independent guarantees, adding provisions on the validity period of independent guarantees, and improving the provisions on fraud of independent guarantees. Key words：

Key words: jurisdiction;application of law , fraud exception, Independent guarantee