The Research On The Problems Of ENI's Legislative Protection In China

Electronic negotiable instrument (ENI) is the extent form of papery negotiable instrument in the age of electronic commerce and internet. It is a new representation of traditional negotiable instrument. As a creative form of negotiable instrument, although ENI is just now starting to emerge in China, a nice prospect has been seen. But the actuality at the present time in China is the absence of the corresponding legislation, due to the lack of theoretical research and relative literatures. More and more legal problems will be encountered in the development of ENI along with the issuance of "Piao Ju Tong" of China Merchants Bank and the promulgation of "Law of the People's Republic of China on Electronic Signatures". Therefore, a law system for ENI is highly required.The problem of legislative protection of ENI is analyzed in this paper, which consists of three parts and organized as follows.Part 1 analyzes the concept of ENI from its intension and extension aspects. Above all, using methods of induction and referenced analysis, it educes the intension of ENI. Secondly, to clarify the concept of ENI, comparisons are made between ENI and some similar concepts in comparative way, and the extension of the concept of ENI is clearly delimited.In part 2, the necessity of legislative protection of ENI is demonstrated from points of objectives and reality. Firstly, in short, the objectives of legislative protection of ENI in China are safety and efficiency. Then, the reality of legislative protection of ENI is analyzed, and legal problems existing during the development of it are pointed out, which can be summarized as the absence of ENI's core legislation, the...