The Research On Non-causa In Bill Conduct

Commodity economy leads to emergency of the bill system, meanwhile prosperity of commodity economy in modern times further promotes the perfection of the Bill system. The bill is securities with strong negotiability power. As a basis of the bill system, the theory of non-causa in bill conduct can fully exert the functions of the bill, reduce the risk of bill bearer and ensure convenience, flexibility and rapidity of the negotiability of bill.The principle of non-causa in bill refers to the validity of bill conduct is separated from the cause relation, so the cause relation have no influence on the bill conduct. The principle has been widely acknowledged in the world as a basic principle of the bill law. However, it is a pity that by now it has not gained common acceptance in legal theory and bill operation in China. With the deepening of China's open up policy, China has developed wider and closer economic relationships with other countries. It will bring great impact on China's economic globalizing process to easily deny or ambiguously define non-causa in bill conduct principles. It is proposed that China should establish definite non-cause in bill conduct principle based on the value and significance of non-cause in bill conduct ; legal rules of other countries, consideration on the present legal and justice practice, and what is more important ,the capability to perfectly combine bill negotiability and bill security.There still exist deficiencies in non-causa in bill conduct at the present stage and other evil influences in practical life. We have long way to go to construct and perfect non-causa in bill conduct. Only after we fully consider the present situation and borrow advanced experiences from other countries can we instill the non-cause in bill conduct principle into bill legal system, so as to better serve healthy and orderly development of China's social market economy.