Legal Research On The Banker's Acceptance Bill

With the development of the market economy and the international trade, specially after China joined in WTO, the function of banker's acceptance bill becomes more and more important as an instrument of payment and circulation. The banker's acceptance bill is a trade bill by the special classification to the bill of exchange in our country. In recent years, the banker's acceptance bill spreads quickly for its special advantage. But with the expansion of the business of the banker's acceptance bill, its problems are exposed apparently day by day. It's urgent to study the legal system of the banker's acceptance bill. We'd guarantee its circulation and use by the high principle of rule of law.The banker's acceptance bill is a special kind of the bill of exchange, having the common characters and functions as an instrument. Meanwhile in its legal property it has its specialty, i.e, its legal essence is a kind of valuable security whose debt the bank takes part in performing on its credit.The rights of the parties' in the banker's acceptance bill includes instrument rights and the rights stipulated by the commercial instrument act. The effective establishment of the jural relation between the parties must base itself on their act on the commercial instrument. The instrument parties——the subjects in the instrument jural relation, are the relation participants who enjoy the rights and assume the obligations according to their act on the commercial instrument. The parties can be divided into the basic parties and the non-basic parties by the criterion whether they appear with the act of draft. A jural system consists of theirrights and obligations, i. e, the system of the jural relation between the basic parties and a system of the jural relation between the non-basic parties.There're different understands in the abstract character, the scope of the users, the obliteration, the independence and the operative procedure about the bankers acceptance bill, and the legal confliction among the related laws and legal confliction among the related laws and regulations, which makes the banker's acceptance bill face every kind of risk in the course of its circulation and use. In order to guarantee the exertion of the banker's acceptance bill's function, the author deems the legal system of the banker's acceptance bill should be perfected in creasing in the legislation and the function of judicial relief should be valued in the resolving of the conflicting disputes about bill rights.