Research About The Law Problem Of The Negotiable Instruments Agency

With the establishment and gradual imposition of the socialist market economic system, negotiable instruments, as a kind of tool of transaction, credit and financing, etc., have showed its important role in the economic life. And the entrance to WTO has also put forward higher demand on the theory and practice of the legal system of negotiable instrument of China mainland. has been enforced formally for more than 10 years. It has made important contribution to economic development and circulation of commodities of our country. At the same time, we should also realize that the present economic environment in China has already changed greatly compared with the situation 10 years ago and the economic activity is more complicated than ever. So the regulations on the relevant issue in Law of the People's Republic of China on Negotiable Instruments seem not to be able to resolve these puzzles. Agency of Acts on Negotiable Instrument is the one of them. The regulation about this system is only seen in article 5 and 7 in the Law of the People's Republic of China on Negotiable Instruments. And the content is generally, having no operability.In this paper, with the analysis of the concept of negotiable instruments agency, The author talks about the legal constitution of the agency system in details, negotiable instruments unauthorized agency, negotiable instruments agency by exceeded and negotiable instruments agency by estoppel. The focus on the important issues is discussed. Finally, it discusses the shortcomings of negotiable instruments agency system and improves the legislative proposals. This article is divided into six parts:In the first part, the paper outlines negotiable instruments agency system. The author leads to the concept of negotiable instruments agency and its notable features. To further streamline its boundaries, the authors distinguish negotiable instruments agency from civil agency, from forged negotiable instruments agency, from authorized agency of blank paper, from the view of the readers, they have a preliminary understanding of the issues.In The second part, firstly the author discusses some of the constituent's elements of negotiable instruments agency in detail in this paper ------ the form and the essential requirements for the elements. He believe that the real requirements is to offer agency on the basis of their form of the elements and the form elements are in the form of the essential requirements .So the two are mutually complementary and indispensable. And the biggest feature of the essential requirements is that the attorney of negotiable instruments has the real power of agency. Then, the following three-part analyses the special situations of them for the readers.The third part discussed negotiable instruments unauthorized agency. There are the key questions of negotiable instruments unauthorized agency in which who will bear the responsibility for them, the contents of the notes responsibility of their agents and what rights their agents to enjoy. The author believes that China's Law provisions are not reasonable and common-law rules here are advised to apply.The author talks about negotiable instruments agency by exceeded in fourth part .how the agents bear negotiable instruments agency by exceeded's responsibility? The anther thinks the agents must be consistent with the responsibility of negotiable instruments unauthorized agency.The fifth Part talks of the system of Negotiable Instruments agency by estoppel. The author believes that this issue should be made clear into negotiable instrument's law and that the represented holds that responsibility or the represent to act the responsibility of Negotiable Instruments Agency By etoppel.The sixth part discusses the system of negotiable instruments agency assessment and comprehensive proposal. The author believes that there are some problems that remain to be improved about negotiable instruments agency.Negotiable Instruments Agency has a profound system's origins and Commercial application of a wide range of very ordinary people is able to have broad access to the system. Negotiable Instruments Agency's system rooted in its offer, borrowing abroad, will be able to develop a healthy boom.We wish the Negotiable Instruments agency's system and the Negotiable Instruments law's improvement in the legal system can make a greater contribution to the economic development!...