Preliminary Research On The Rules Of Electronic Commercial Paper

There is no obstacle with the applying of electronic commercial paper on the technology, but a few problems with the rules between tradition commercial paper and electronic commercial paper. The paper carries on studies on electronic commercial paper mainly from the four parts as following.Part I makes clear that electronic commercial paper nature, structure and technological usage process. Electronic commercial paper nature still is instrument, whose structure includes a tripartite: the face element, participation and electronic equipment. Comparing with tradition commercial paper, its participation have added clearinghouse, the bank also has carried out absolute participation on electronic commercial paper usage. Technological usage process mainly take e-check as example, represent by six graphical, including the electronic certification, collecting, drawing, endorsing, payment and dishonoring. The author has emphasized the connection and differences between the electronic commercial paper and the tradition commercial paper, as well as electronic commercial paper characteristic and advantage, expounded a basis for following parts.Part II is electronic commercial paper fitting in with tradition commercial paper regulation. This part is the first priority of the paper. The studying object is the need to be revised traditional commercial paper regulation. The first is signature regulation. The most important one is electronic signature, but the traditional way do not involved it. So the corresponding tradition regulation needs to be revised in order to enlarge the scope of signature. The second is payment examination. It includes two aspects: form examination and supplementary examination. In electronic commercial paper, because of the face value key element is placed in electronic system in advance, the related person having no right to carry out any change on the key element without warrant, whether the endorsing continuously or not is completed already examined by the clearinghouse when drawing an electronic commercial paper as well as every once endorsing it. Therefore, one part of form examine duties disappears, the others ahead of time, and, the examiner become the clearinghouse. Form examination mainly referring to examine the identification paper. In electronic commercial paper, certificate authority (CA) accomplishes the process. This proves that examiner of electronic commercial paper payment have changed from payer to the clearinghouse and CA, the payer's examining duty depleting, and the effective payment expands. Thirdly is public show regulation. The way of tradition commercial paper public show is delivering. Since the clearinghouse appearing, it makes the way of electronic commercial paper public show become ambiguous and vague. But in fact the electronic commercial paper is still abiding by delivering shows other than register. The clearinghouse role is only an "eyewitness", who testified the existence and commercial paper behavior having been accomplished. Besides, the commercial paper of exchange and promissory note must be assigned payment deadline.Part III is the electronic commercial paper repulsion to tradition commercial paper regulation. This is another priority part of the paper. First is the stopping payment and public showing instructions. Because the clearinghouse has built the commercial paper- pool, in electronic commercial paper there is no condition of absolutely losing; only relatively losing. Since the security of electronic signature is very high, as well as the electronic commercial paper floats-time is very shortly, the tradition public showing instructions and the stopping payment does not able to bring real relief. Gaining electronic signature is not already in the scope of traditional relieve, not the "commercial paper relieved" in its real meaning. The second is commercial paper right exercising location. Because of the electronic commercial paper is working in the network completely, in tradition commercial paper law, the regulation on exercising commercial paper right location -that location of reality shows a commercial paper to display commercial paper right-completely not suitable for electronic commercial paper. Thirdly is the commercial paper false signature and commercial paper fabrication. The electronic commercial paper face element has already been done in advance; person without authority is not able to carry out any change, so there is not the condition of commercial paper fabrication. Besides, electronic signature is not able imitation and fabrication like tradition material signs or seals, therefore, it does not existent the false signature.Part IV is the electronic commercial paper development to tradition commercial paper regulation. Among them the most important thing is electronic attestation rule. Electronic attestation and the electronic signature are linked together, electronic commercial paper security all undertake CA′s behavior. So it is very important that CA responsible for its wrong attestation. In electronic attestation, once wrong attestation, the organization will be confronted with two kinds of responsibility: The infringement responsibility to attestation consumer and the tort responsibility to the person who trust the certification. Second kind of responsibility is the major point in this paper. The principle undertaking responsibility according to now to CA legislation is doctrine of presumptive wrongs. The secondary is conflict regulation when the electronic commercial paper and the tradition entity commercial paper exist side by side as "the same commercial paper". When electronic commercial paper and entity commercial paper both existences at the same time, building unified "inquiring mechanism with same commercial paper" is the key point to resolve this conflict. Finally is the regulation of electronic equipment failure responsibility. Electronic equipment failure responsibility is not existence in tradition commercial paper law, neither pertinent detailed regulation in Taiwan electronic commercial paper. But this responsibility cannot be ignored legally. The author emphasizes the conditions of force in the electronic equipment breakdown and the responsibility nature of the network business.