Negotiable Instruments Agency

The establishment of agency system changes people behavior that attends to everything personally. With the help of agent, the principal can achieve their economy dream that they cannot carry out for the limitations of energy, finance, knowledge and skills. Since the system being created, its mighty vitality promoted the flourish of civil and commercial activities and the revival of economy with the strong life. With the frequency of economy trade and enlargement of trade scale, the agency phenomena are more and more widespread, and the economy value of agency system is become more and more obvious. Now, the agency system establishes the place that cannot be substituted in many countries' civil and commercial legislations. Negotiable instruments agency sources from civil agency, and it is the important composing of commercial agency. Meanwhile, negotiable instruments contains the special characters of abstraction,solemnity and literalness. The note recognitions negotiability and protects the safe of trade. The aim of negotiable instruments agency is to realize the tenet of the legislation of negotiable instruments better. It is irrelevancy to apply the rule of civil agency as the negotiable instruments agency. The negotiable instruments agency should have its own place whenever in agency system or the law on negotiable instruments.In our country, "negotiable instruments law" only defines the negotiable instruments agency partly in the fifth and seventh entry, but not defines it absolutely. It leaves a huge imagine space for negotiable instruments agency in theory, and bring some chaos in activities. With the rapid development of business activities, undisclosed agency becomes a problem that cannot be ignored. But in our country, the negotiable instruments law adopts "strict namelism" in both theories and legislations, so, is it appropriate that we don't recognize the undisclosed agency? Shall we perfect negotiable instruments agency with the help of undisclosed agency in business agency? In our country, the concept itself of civil agency has not been absolutely defined. The negotiable instruments, as the ramification of civil agency, the scholars define the negotiable instruments agency depended on the civil agency. In our country, the fifth entry of "negotiable instruments law" just defines the two types of negotiable instruments agency, which are the authorized agency and narrow unauthorized agency. But for the special forms of negotiable instruments agency that exist hugely in social activities, such as negotiable instruments agency by estoppel and the acting on one's behalf of negotiable instruments, there is not a clear definition, which makes a potential threat for the party concerned who using the negotiable instruments, and gives a choice for illegal people to utilize the law's leak, meanwhile, it also causes a chaos of our country's financial system. Therefore, it is necessary for us to tidy up all forms of negotiable instruments completely in order to benefit for edit of negotiable instruments agency in "negotiable instruments law". This paper will discuss these problems in order to benefit for the perfecting of the law on negotiable instruments in our country.This paper can be divided into three parts. The first part talks about the concept and meaning of negotiable instruments agency. Firstly, we talk about the definition of negotiable instruments agency. In our country's negotiable instruments law, negotiable instruments agency has been regulated partly in the fifth and seventh entries. The present concept is a solution that just concludes some forms, but not all forms, of negotiable instruments agency. The best way of my mind is to summarize the common characters of every form, and give a relative generalized concept. I try to give such a definition: With their own or principal name, the agent signs the negotiable instruments and active the negotiable instruments behavior, meanwhile, the principal should assume the behavior of liability for negotiable instruments. Next, it analyses the independence i...