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Studies on Bills without Due Reference of China Bill System

Author: LiYuLong
Tutor: JiangYuMei
School: Southwestern University of Finance and Economics
Course: Economic Law
Keywords: Bills without Due Reference The Relative Nature System Perfection
CLC: D922.287
Type: Master's thesis
Year: 2008
Downloads: 205
Quote: 1
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Abstract

Bills as the typical securities play a huge role in the modern social market economy. With the world market economies continuing to forge ahead, people are in a higher demand for the convenience and safety in various transactions. And the virtue of the bills’own super circulation power has met people’s pressing needs. Clearly, the free circulation of bills has greatly promoted the rapid socio-economic development. To develop the most functions out of bills means to maximize the security of the circulation. The nature of bills--circulation and bills without due reference are closely bound with each other. And it is the bills without due reference that create the strong power of circulation.Over 17 years of development for China’s bill system, the " People’s Republic of China Bills Law," "Bills Management & Implementation”,“Gross Payment Procedures" and " the Supreme People’s Court-Notes on bills”disputes”have passed, the basic bill system established, which provides a more comprehensive system protection for the development and operation of the market. However, the current bill system itself, in a number of specific provisions, still carries certain degree of defects, some of which has been long standing and not been properly resolved yet. The problems about the regulation of bills without due reference stand out. The existence of these problems restricts the free circulation of the bills, hinders the full development of the bill market and influences the implementation of the bill system, thus constraining the effective function of the existing bills system. This paper holds the view that the reasons why some of the issues related to bill system haven’t been properly resolved for a long time in our country are the inadequate studies about bills without due reference theory, lack of unified acknowledgement on this and shortage of learning and understanding of foreign bills without due reference system .In this situation, the study of bills without due reference system plays a practical and significant role. Therefore, this paper is intended to be guided by the theoretical level of the pilot study on bills without due reference system, combines the inspection on legislation about foreign bills without due reference system, assesses bills without due reference system in China and then analyzes the perfection of our bills without due reference system and gives suggestions. Through the comprehensive study of bills without due reference system from the theoretical level, the Legal Regulation level, the level of the legal system perfection, in a bid to improve our country’s system of bills without due reference , this paper aims, as far as possible, to properly solve the bills system implementation involved bills without due reference system legal issues. The paper is divided into six chapters:Chapter I, "the necessity of the existence of bills without due reference system”. A chapter in the leading position, through the exposition of the influences : promoting bills’circulation, protecting the safety of transactions, lowering transaction costs, expanding social credit, simplifying the law application and facilitating the executive rights of people, from bills in socio-economic development, has this: bills without due reference system is the foundation of bills law and it guarantees the free circulation of bills and reflects the fundamental attitude and requirement of the Law of Bills being a fundamental principle of Law of Bills and the full guarantee of the achievement of bills’credit and circulation functions. Therefore, the system of bills without due reference is due to the need for its existence.Chapter II, "The foundation of system of bills without due reference ". This chapter mainly expounds the system of bills without due reference from two aspects: On one hand, the socio-economic foundation and legal basis for the birth of the system of bills without due reference, a comprehensive analysis of both, a clear statement of the comprehensive elements for the birth because of both affecting and ultimately establishing the system of bills without due reference; on the other hand, focuses on the theory about the system of bills without due reference, mainly through acts on bills nature doctrine, bills effective elements and law behavior with or without cause influence on the system of bills without due reference, coming to the conclusion--the nature of the bills act and the conditions to make it effective provide a theoretical premise for the system of bills without due reference and the nature of the bills with or without cause plays a decisive role on the system of bills without due reference, the three elements form the theoretical support for the system of bills without due reference.Chapter III, "the basics about the system of bills without due reference”. This chapter is in the status of being a foundation for the whole paper, on the basis of the analysis of the system of bills without due reference in the previous chapter, continuing to explore the basic about the system of bills without due reference. This paper, mainly from the direction of bills behavior without cause gives the system of bills without due reference introduction, including: external and internal bills behavior without reason.Through the external and internal analysis of the act without reason, the paper gives a more profound understanding of the legal effect of both, and full acknowledgement of the internal mechanism of bills behavior without causes. Meanwhile, the paper gives a comparative analysis between bills behavior without cause and property behavior without cause, clarifying the difference between two similar concepts to have a more profound understanding of bills behavior without causes. What is particularly important is that this chapter targets the exception of bills behavior without cause—the relative nature of bills without due reference to have a focused study, analysis, and specific expound of several exceptions and emphasizes the substance of the relative nature to cover the ineffectiveness of this principle and to realize Law of Bills’promotion of circulation and the protection of the safety of transactions.Chapter IV, " Taiwan and overseas inspection on bills without due reference”, this chapter, by the legislative study of the system of bills without due reference in the representatives countries(regions)- France and Germany, United Kingdom and the United States and Taiwan region, demonstrates both the mainland Law of Bills and Anglo-American Law of Bills in implementing bills without due regard of all the same. The principle of the system of bills without due reference in the International Convention has been clearly regulated and become all Law of Bills common criteria. Most countries have adopted the method that during the legislation of bills the influence from reason relationship to bills relationship being excluded reflects bills being pure securities. The principle of bills without due reference, after the practice in different countries, has greatly promoted the economic development of all countries. Especially under the situation of the growing international economic integration, there is an urgent call for a unified international Law of Bills rules for the settlement of international transactions and circulation. Therefore, the bill without due reference is without doubt and has to pass relevant laws to be clearly defined to safeguard its effective implementation.Chapter V,“the system of bills without due reference Legal Regulation and Analysis in China," this chapter, through the analysis of the regulations in China’s Law of Bills about bills without due reference, summarizes that the Law of Bills affirms and denies at the same time bills without cause; the Law of Bills involving bills without cause is self-contradictory; the legislation attitude toward bills without cause is ambiguous. All these will greatly affect people’s understanding of and adjusting to law of bills and also bring a lot of inconveniences to judicial practice, ultimately influencing the free circulation of bills and hindering socio-economic development.Chapter VI, "Perfection of bills without due Reference legal regulation ideas", this chapter, on the basis of the previous chapter’s assessment of the current Law of Bills’inadequacies further notes that the current task is not only adding positive regulation in China’s Law of Bills for bills without due reference and remove those ambiguous provisions, but also clear regulation of the exceptions—to adjust correctly the principle of bills without due reference to avoid unnecessary damage to people due to improper application of bills and safeguard the rights and interests of the parties, to make the most out of the bills circulation function and to promote a healthy development of the market economy. Finally the author gives his own view: according to the regulation of the bills without due reference in China’s Law of Bills, he proposes some reform to build the perfect bills without due reference and its relative legal systems to enhance bills without due reference and the relative applicability, to promote bills in circulation and give full play of the various bills function, thus promoting the rapid socio-economic development.This paper is intended to give people a more comprehensive and in-depth understanding of bills without due reference, to contribute to the obtain of domestic bills without due reference with an early termination in a humble way, and try my own research to propose some bold visions of reform on China’s bills law involving bills without due reference to provide a little useful reference, enough to reach this goal.

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Securities and Management Act
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