On Right To Defense Of Commercial Instrument And It's Limitation

Defense system plays an important role in the instrument law, considering that it helps to guarantee the safety of the circulation of instrument and promote the commercial credit. This article presents us all the latest points of view related to the right to defense of instrument law, beginning with the instruction to it's definition,significance and function. The classification of the right to defense is the most important part in the paper and it spends most of the writer's effort with the paper. After introducing the contents of limitation of defense, this paper ends with the comments on the instrument law as well as the writer's solution to improve the deficiencies of the instrument law in relation with the right to defense.This article consists of five parts ,that is ,the summary of defense ,the philosophical analysis of defense ,the classification of the defense the limitation of the defense and comments and improvement of the law. In the first part, the author talks mainly about common sense of right to defense. The second part tells us why is defense needed in philosophy ways. In the third part, the author tries to talk deeply about the classification of the right to defense. According to the general way, the right to defense is divides into parts , the defense about object and the defense about person. It causes much trouble to define the belongings about object and person. Other latest ideas about the classification still have difficulty in making them understood . The writer's idea is to divide them into three parts , the defense caused by object, the defense caused by ill intentions and the defense caused by specific relation between direct- related parties. In the forth part, the paper focuses on the limitation of the defense and it's exception. The limitation of the right t defense is used to prevent the holder from abusing his right on behalf of the debtor. As to the exception of limitation of defense, it is expected to protect holders in due course from being harmed.In the last part, the author makes some comment on the present law , then bring out his suggestion on amendment to the deficiencies of the instrument law.