On The Bill Counterargument

The bill counterargument principle, developed from the long-term history of the bill law and the bill practice has quite vital meaning upon the protection of safe bill exchange and the protection of legal rights and interests of the bill debtor, and plays a critical role in the whole bill system. Its existing value is doubtless. I think that to set up a reasonable and suitable bill counterargument system including the scope of the counterargument right of the bill debtor and the restriction against the bill counterargument, it is the reflection of the perfect bill system on another layer, and can powerfully protect the interest of the bill debtor and creditor from another angle, thus to safeguard the circulation of bills. Based on the basic features of the bill, this paper makes comparison and analysis of domestic and foreign bull legislation. Combined with some problems occur in judicial practice in our country before and after the promulgation of , it makes exploration upon the bill counterargument system and gets some findings. As the bill system has been developed recent years in our country, the bill counterargument system has drawn some experiences from two major law systems, and referred much from the Geneva Uniform Bill Lawful System thus to take the rigidism, even in some aspects it looks too rigidity such as that the bill is invalid due to different writing of amounts in words and in digits, the signature and stamp of the drawer have rigid stipulation, the refilled blank bill is not accepted and so on, especially the restriction without reasons upon the bill is completely against the international customs of the billlaw and is unbeneficial to the circulation of the bills to a certain degree. The behavior violating the bill system inevitably appeared in market economy and the behavior the litigant misuses the counterargument right all impede the circulation of bills in our country. Moreover, the consciousness of the civil law and the judicial level of the judicial officers also weaken the protection upon the right of legal bearer of the bill. As a result, the bill could not be popularized and applied widely so far in our country in every aspect of social and economic life which is the case in foreign countries. Therefore, the perfection of the legislation and the fair judicature are the crux by which the bill counterargument system can be perfected and bills can then be widely circulated.