Study On The System Of The Agency Of Action To The Bills

The agency of action to the bills, deriving from civil agency, is an important system in negotiable instruments law. It could effectively make up the defect of man without ability for bills and distend ability of man with full ability for bills, so in socialist market economy, the system of agency of action to bills has much economic value and practical significance. The agency of action to the bills is stipulated in the fifth article in Negotiable Instruments Law of the People'Republic of China. However, the principled and inane article rather threatens survival of this system, so in lawmaking we are faced up with how to design the rules of the agency of action to the bills. The agency of action to the bills is an important part of laws of bills. Though it is a particular civil agency, it has peculiar characteristics owing to being adjusted by Negotiable Instruments Law. Therefore, it has much theoretical significance to research the agency of action to the bills.Hereby, the system of the agency of action to the bills has much value in practice, legislation and theory. Accordingly the author thinks it should be an object for jurisconsult to research. It's a pity for little research in the agency of action to the bills and so little fruit. Indeed some scholars home and abroad have committed some research in it and their remarkable production has attracted theorists' focus. The author thinks the research which only flourishes like one hundred flowers blossoming and one hundred contending can indeed perfect the theory of the agency of action to the bills, further legislation and direct the practice. Accordingly the paper is to bring in others' more research and take some inspiration to people.The paper integrates law hermeneutics, history, law sociology and comparative law and links theory, legislation and practice of the agency of action to the bills home and abroad to commit further research on agency of action to the bills and its flaw and to submit some practical countermeasures, moreover compares advantages and disadvantages of many theories, profoundly analyzes problems in our current system of agency of bills and puts forward some advice for perfecting law.The paper has 6 parts. The first part is to make a summary, introducing theory source, defining the agency of action to the bills, distinguishing some doings in law similar to the agency of action to the bills and classifying it. The second part introduces its constituents and sets forth formal and essential constituents, which favors judicial cognizance and practice. The third part is its flaws, firstly defining flaws and then analyzing formal flaws. The forth part is unauthorized agency, researching on its definition, quality, kind, flaws, force effect, procedure and right of admitting posthumously. On this right, by comparing anglo-american and our law, the author thinks acknowledging the right of admitting posthumously is rational and innovative. The fifth part is agency of bills exceeding one's authority, defining it and introducing its form, constituents and force ad effect. By analyzing many thoughts and practice in current two legal systems, the author submits novel devising plan. The sixth part is the agency by estoppels, including its definition, applying scope, form, constituents and force effect and advice for legislation.In conclusion, the agency of action to the bills has its own system, which occupies an important status in nowadays theory of negotiable instruments law and agency laws. The agency of action to the bills seems easy but contains man's great wisdom, which is an integration of broad and intensive civil law and skilled commercial law. In our negotiable instruments law, this stipulation is too simple and coarse to convenience its enforcement. Therefore, the author advises to increase concrete stipulations in laws to suit development of bills and to favor judicial exertion.