The Case Analysis Of "Song Shijie V. Yuan Guanshan On The Right To Claim Of Interest Return"

The amount of bill use has been getting bigger along with rapid economic development in our country. Meanwhile, the act of bill has been facilitated to the set accounts of fund and reduced cash use in the circulation because it's non-causative nature, requisite in form and literary definition. But, the bearer can't obtain the final fund because the bearer may be deprived of the right of bill for it's effectiveness to expire or another reason in life. On the contrary, drawer or acceptor will obtain the benefit.Therefore the 18th item in "Negotiable instruments law" of our country stipulate that the bearer will still enjoy the civil right if he surpasses the bill right effectiveness or short of the bill record, may request the drawer or the acceptor return its benefit which same as sum of bills. This article is regarded as the epitomize on "the right to claim of interest return" in"negotiable instruments law"in our country. But, the stipulation of it in China is a little different from other country which the regulation system is mature.After analyzing the real case, the author hopes do some benefit for the practice of"the right to claim of interest return" and proposes some useful advice for the regulation of negotiable instruments law in China after compared to the overseas legislation and the legal theory.This article divides into three parts:First part, introduces the case, the court decision, the focus of dispute of Song Shijie v.Yuan Guanshan case which about the right to claim of interest return.The author obtains the case analysis through defend reason of the plaintiff and defendant and the reason of the court decision.Second part, analyses the focus of dispute of the case based on introducing the definition, the establishment elements, theories properties and characteristics, range of the case.Therefore evaluates the focus of the case.Third part, points out the insufficient of the right to claim of interest return through the rational analysis of the regulation in current law system of our country and puts forward some suggestions.