The Analysis Of The Protective Interests In The Negotiable Instruments Law

The negotiable instruments law has international and technical characteristics as a department law of the commercial law, but outside these characteristic, it is prominent that the provision of the negotiable instruments law is different from other laws department. According to the legal provision, the regulation of the negotiable instruments law seems to be the justice of losing for party, such as the use of note does not consider the true business relation store in or not. This is far from the idea in people's daily life. People can't help asking: Whose interests is the negotiable instruments law protected on earth? In fact the negotiable instruments law does not protect the specific interest, but to protect other heavy interests, that is "security of trade order of the note ", because of the production of the note,its original purpose are to facilitate the trade and to promote circulating. According to the development history of the note, note have many kinds of function in circulating, such as overcoming carrying cash inconvenient and overcoming the inconvenience in using the money on the time and space,paying,settlement and financing function. Only in circulating, a great deal of functions could happen in the note, in this course, needn't consider using the purpose and the use of the note excessively. Because can solve these problems through perfecting the contract law and the administrative supervision regulations, and it is not essential to entrust to too many historical missions of negotiable instruments law. This text is concentrating on this proposition of the protective interests of the negotiable instruments law, and has explained the protective interests of the negotiable instruments law in five aspects. It is in terms of value orientation at first, and the legislative principle of efficiency coming first and balancing equity determines the protective interests of the negotiable instruments law that is to protect the circulation of the negotiable instruments law and to promote efficiency; It is in terms of comparison of civil law and commercial law, the commercial law, in order to economize the need of the transaction cost, fix all the course of the agreement and agreement content in advance with the clear legal system, and have cancelled the agreement between people at that time. It is not for depriving party of rights to do so, but for the purpose to realize swift trade. Realize the transition "from agreement to system ". Because the civil law advocates the justice, and the commercial law advocates the trade safely. So the systems of the agreement render in civil law are changed by the systems of deterministic transaction in commercial law. The more important thing is that the commercial affairs on the basis of profit-generating and demand of risk are different from the civil affairs on the degree of the knowing. Interests have certain extent slope. It is all for protecting the activeness which promote the commercial affairs trade to do so. Out of the same purpose, the negotiable instruments law inclines to protect the security of the trade order in the protective interests. To announce protective interests of negotiable instruments law through comparing to some special systems (the system of acquisition prescription and the system of acquisition in good faith) in the negotiable instruments law and the jus rerum. Choosing these two kinds of systems as the comparative target is because that the regulations of these two kinds of systems are more special. There are different to some extent between the interests protected by it and the people's daily ideas. It is on the foundation of setting up the respect in the factual state such as the system of acquisition prescription, does not regard protecting the true right relation as object. But the system with good intention is one kind of system that regards sacrificing the quiet security of the ownership of the property as cost and ensures the system working up safely. The negotiable instruments law and these two kinds of systems have wonderful one that played the same tune on different musical instrumentss. The negotiable instruments law in order to protect "the security of trade order of the note ", but" the note uses the security of the course "after dying. Through the unique legal thinking of the negotiable instruments law, such as no apparent justice of losing in the note, and no illegal activities or note responsibility on the note, and there are no reciprocity right and obligation, etc, on the note in the third part. The negotiable instruments law will form such unique legal thinking because that was shaped together by legal system of the note and social economic life. Note as complete marketable securities. The function of the note lies in pay ,credit,financing ,etc, through smooth circulation mainly. If...