Disputes And Proposals On Banker's Acceptance Bill Of Domestic Commercial Banks

Banker's Acceptance Bill is one of the commercial drafts. Because it is accepted by the bank, it is of the functions of payment, financing, security and negotiation. As an important financial tool, Banker's Acceptance Bill is widely used in the market. However, since the legislation on drafts in our country still lags behind, there exist the ambiguity and conflicts between the laws and regulations, so in practice, there are many cases such as inappropriate principles, format errors, drafts without real transactions, incorrect endorsement and even crimes and frauds related to Banker's Acceptance Bill. With the credit crisis, the dishonor and non discounting are also not uncommon. The subject of this thesis is turning around and construed under this background.Beginning with discussion on the sources of Banker's Acceptance Bill, this thesis probed into the characteristics of Banker's Acceptance Bill i.e. the formality, no-causality, independency, literacy. The author also identified the difference between Banker's Acceptance Bill and other drafts and found out the inappropriate legislation in current laws and regulations, hence made the following proposals: to utilize an uniform format made by the People's Bank in order to avoid the draft dishonor resulting from the nonconformity in draft format; to apply the non-causality of the checks in order to maintain the consistency of Banker's Acceptance Bill in our country with international practice; to restrict the adversary rights of Banker's Acceptance Bill in order to protect the lawful rights of the Bona fide draft bearer.This thesis makes efforts to clarify the causes of legal disputes related to Banker's Acceptance Bill through analysis on its legal relations, characteristics, behavior and cases. The objective of this thesis is to illustrate the causes and make legislation proposals from the perspective of Banker's Acceptance system design.