The Study Of The Form Items Of The Behavior Of Negotiable Instrument

As a legal department oriented in operation and business, negotiable instrument law, whose unique non-ethical characteristic develops a strong technical thinking mode, is often considered a dangerous road in academic research. However, as one of the three laws that serve as the foundation of market economy, the negotiable instrument law plays a significant role in practice, of which detailed analysis is both necessary and practicable. Since the behavior of negotiable instrument serves as the origin of negotiable instrument legal relations, all negotiable instrument rights and obligations derive from the behavior of negotiable instrument, which is the focus of the negotiable instrument law. The requirement of written form of the behavior of negotiable instrument is a character that differentiates the behavior of negotiable instrument from other legal acts, and focus on this requirement is a good way to understand the technical methodology of the negotiable instrument law. At the same time, the form item of the behavior of negotiable instrument forms the legal frame for written form requirement for the behavior of negotiable instrument, and is also the guidance for the behavior of negotiable instrument. A thorough and detailed analysis over the form item of the behavior of negotiable instrument is the only way to understand the merits of the negotiable instrument law. Developed under this subject, the paper offers a detailed analysis of the form item of the behavior of negotiable instrument, discusses the form item at the institutional level by comparing the legislation in other countries, refers to the form item of particular the behavior of negotiable instruments, analyzes the emerging issues on the form item of the new negotiable instrument, and offers opinions of the improvement of the negotiable instrument law in China.The author discusses the contents of form item of the behavior of negotiable instrument systematically, and interprets and analyzes the relevant issues in legal frame at the institutional level and in practice, by ways of comprehensive use of legal ethics and thinking modes of other subjects, comparison analysis and citation analysis. The 38,000 words of the paper are divided in six parts. The introduction gives a briefing of the reason and purpose of the paper. Chapter One analyzes the legal frame, definition of the form item of the behavior of negotiable instrument and its influence on the independence of the behavior of negotiable instrument . Chapter Two focuses on the form item of the behavior of negotiable instrument of the conventional negotiable instrument. Chapter Three gives the nature of new types of the negotiable instrument and issues on relevant form item, and offers theoretical solution to the conflicts between the nature and the current in the negotiable instrument law. Chapter Four points out the deficiencies of Chinese the negotiable instrument law on form item, and recommends theoretical improvement. In the Conclusion Part, the author thinks it is natural for the negotiable instrument law, as commercial law with strong technical characteristic, to experience deficiency through the course of development, but the improvement in the negotiable instrument law should always be encouraged and institutional support in the negotiable instrument practice provided.