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On improvement of laws discounted bills

Author: WangRong
Tutor: GaoXiang
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Discounted bills Financing bills Commercial draft Commercial paper
CLC: F832.2
Type: Master's thesis
Year: 2011
Downloads: 211
Quote: 0
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Abstract


Discounted bills as an important short-term financing for enterprises, especially small and medium business development plays an important role. For a long time, China's legislation and practice notes require the issuance of bills and transfer relationship with the real deal, even when discounting bills discounted bills require to deal with a real background, thus limiting the financing bill financing bills and other new business development . However, with the economic development, the bill financing increased demand, the traditional discounted bills have been unable to meet the financing needs of enterprises, so the business background for discounting or fictitious transactions, or through a bill broker, civil discounted bill market, the banks through business innovative ways to circumvent existing laws on the Notes real trading background requirements, triggering a discount business in illegal issues. Traced, mainly because our legal system is imperfect bill discounting. This paper through the practice of survey methods, comparative methods, the method of analysis of discounted bills to discuss issues related to research, trying to put forward a sound legal system of discounted bills proposed in order to solve the problems of discounted bills provide some theoretical reference. The main contents include four parts: the first chapter, the authors refer to commercial banks, bill discounting business's internal rules of operation, combined with interviews with practitioners on the banks introduced bills discounting business practices in our country, including the main business engaged in discounting can be used for bills discounted range of operational processes. On this basis, the author analyzes and discusses the theoretical circles, legislation and practice on the legal nature of discounting controversy reached the legal nature of discounting bills actually traded this conclusion. The second chapter, the author of the legal discount business to analyze the relationship, including the applicant discounting and discounting the relationship between banks and ticket sales contract relationships, clear the respective rights and obligations of both parties, in order to prevent legal disputes discount business to provide reference . The third chapter, the author discusses the problems in discount business, including discounted bills, a single type of small business participation in the body, the phenomenon of repeated background fictitious transactions, corporate finance and other markets to private bills. The author also pointed out that these problems are the main reasons for discounting the legal status of the law is not clear, real trading background and by restricting the types of legal bills as well as the conditions of the existing discount inconsistent. The fourth chapter, the author proposes to solve business problems discounting, discounting the business environment to improve the legal suggestions for improvement. First, revise and improve the existing legal provisions discounting, discounting clear legal status, to develop a unified service standard, abolition of the real trading background review of obligations. Secondly, the lifting of Negotiable Instruments prohibition on financing bills, revise and improve the relevant provisions of the Negotiable Instruments Law, in order to finance the development of bills legal guarantees; learn from the successful experience of developed bill market, and gradually promoting the use of financing instruments to meet the financing needs of the Notes , address the root causes of many problems currently discounting. Finally, the author of this article point to summarize and draw conclusions.

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CLC: > Economic > Fiscal, monetary > Finance, banking > China's financial,banking > Banking system and business
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