Bills Anti-debate

The negotiable instrument of present age is impacted by modern means of electronic payment, but only its extent of application is extruded. Although its function of exchange, payment and settlement can be partly performed by modern electronic financial shifting system and the means of non-paper settlement, its intrinsic function, for instance, the function of credit and financing, shall not be replaced by other financial means. Therefore, it is no reason to despise the development and improvement of Negotiable Instrument Law and its theory. For the reality of poor constitution and deficient nurture of the theory and practice of mainland negotiable instrument law, the author starts from the core system ,the negotiable instrument counterplea, and then makes a full study to the theory of negotiable instrument counterplea, the system of restriction of negotiable instrument counterplea, the classification system of negotiable instrument counterplea and the system of negotiable instrument counterplea in United Nations Convention of International Bill of Exchange and Bank Check .Trying to clarify the theoretical basis of modern negotiable instrument counterplea, to screen the legislative mistake of Chinese negotiable instrument law ,and to strive to exceed the law of other countries, the author, from the development trend of negotiable instruments law, determines the orientation of its modification.Apart from the introduction, in Chapter two, the demurrer and negotiable instruments counterplea, the author expounds the status of negotiable instruments counterplea in the common demurrer theory and the difference and link between negotiable instrument counterplea and the demurrer in civil law, which is the basis of studying negotiable instruments counterplea. In Chapter three, the theory of negotiable instruments and the theory of counterplea, the author introduces the origin and development of the theory of the world negotiable instrument counterplea, which covers the developments of the solemn theory of negotiable instrument counterplea, from the theory of paper currency to the foundation of the non-causation principle of negotiable instruments, introduces the contrast to contractual theory, to the creative...