Reconstruction Of Responsibility System Of Agency Beyond The Scope Of Bill Principal's Power In China

Negotiable instrument is the first produced, the most typical security, it plays an important role in accelerating the pace of promoting the exchange of commodities and large scale transactions, which are thought to be the best trading tools, enjoying a fine reputation" blood flowing in commodity trading vascular".Agency beyond the scope of bill principal's power means that the agent who has the power of agency acts beyond the scope of principal's power of agency. Broadly speaking, it should be included in the unauthorized agency of bill act, because as far as acting part which is beyond the scope of principal's bill power of agency, the agent has no power of agency. China's Negotiable Instruments Law formulates unauthorized agency and agency beyond the scope of bill principal's power in the same article, meanwhile, it makes a distinction between the two, and practically agency beyond the scope of bill principal's power is addressed as a separate issue.It is generally thought that the nature of bill is money creditor's rights(debt), however, other forms apart from increasing the amount of negotiable instruments, such as shifting due date to an earlier time, recording a place of inconvenient payment and so on, although aggravate the burden in the condition of fulfilling the bill debt, but do not substantially add to the substance of the debt. Therefore, agency beyond the scope of bill principal's power on Negotiable Instruments Law generally refers to the form about increasing sum of a bill.Before reconstructing responsibility on agency beyond the scope of bill principal's power, we should firstly make clear the logic starting point on responsibility reconstruction, which make us come back to the original question on legislation ~ the legislative purpose of Negotiable Instruments Law, "bill circulation "and "convenience and security."The bill function can be demonstrated only through circulation. Without it, the system of negotiable instrument will lose its role in economy during the rapid development of the commodity economy. Promoting circulation of negotiable instruments should be based on the premise that the use of bill must be convenient, safe, and the more convenient and safe, the more people are willing to use it, then it can offer to maximize the realization of circulation. Therefore, the use of instruments for the "convenience and security" supplements "encouraging the circulation ".China's 《Negotiable Instruments Law》 formulates : "If an agent has gone beyond...