| The bill's nature of having no cause means that bill once producing the ticket, possession transfer, basis relation and bill relation part for right away mutually , if bill basis relation are founded , are effective or not, if existence can not compose to bill relation without exception affects. That The bill's nature of having no cause theory is one kind of technicality of legislation design , the person produces the need being originated from social and economic activities circulating to the bill. "Foster the principle circulating to be indeed that is legally maximal to what bill adopts, all system of Negotiable Instrument Law, principle is starting point all on this account". The theory of bill's nature of having no cause comes into being because it is to respond to this system value need.Present, continent genealogy of law and UK-US genealogy of law all admit and applying to the bill's nature of having no cause theory. Continent genealogy of law Negotiable Instrument Law embodies in applying to the cutting-off rule in defense of negotiable instrument counterargument mainly about that The bill's nature of having no cause. When the continent genealogy of law taking that Geneva unites Negotiable Instrument Law as representative requires that the bill's debtor there exists the origin of an incident speaking out in one's own defense in remote holder in the bill with the drawer or the bearer, the bill debtor manages to should speak out in one's own defense only and the bearer remote holder can't relatively, resist, but to be counterargument and the bearer turn to resist relatively. The cutting-off rule in defense of negotiable instrument emphasis on protecting the lawful rights of the bill creditor , urge people to cut down worrying about the cutting-off rule in defense of negotiable instrument , is ready to accept a bill especially and boost a bill circulating thereby. UK-US Negotiable Instrument Law also admits that the bill's nature of having no cause , the bill suitable for use the cutting-off rule in defense of negotiable instrument, at the same time, emphasize that the bearer necessaries has a goodwill and pay to equitable price and gets upper complete legal bill right.The attitude of our country bill legislation about the bill's nature of having no cause is ambiguous and applies tending to chaos. The law's attitude about the bill's nature of having no cause mixes up , the inside designs to bill have numerous contradictions, administrative rules and decrees opposes it, the Supreme Court judiciary explains legal precedent affirming it , leads to the judiciary nothing to follow , dispute adjudges result without cease, being very unlike. The attitude that the legislation and judicature about the bill's nature of having no cause mixes up and wields chaos, whose origin depends on theory does not carry out the all-round and unified cognition on it , fail to use the viewpoint discriminating to come to study the bill's nature of having no cause, and Light of the actual conditions carries out consummate design. The bill's nature of having no cause theory, it's self is that one discriminates a continuum , the entire bill's nature of having no cause theory, it ought to be relativity concurrently, namely the bill's nature of having no cause relatively. Only when range carries out the accurate boundary in upper effect of the bill's nature of having no cause of legislation, we can avoids contradicting conflicting in the judiciary , gives consideration to efficiency and fairness.One aspect, the bill's nature of having no cause produce a marked effect validity for the main body, in entire Negotiable Instrument Law system. First the bill there in the behavior exists effect independence. Bill relation once comes into being , it is separates with it fresh reason, The reason relation is in the effective or not has nothing to privilege and obligation of the bill. Twice the bearer does not assume that responsibility of the certificate paid cause. The bearer need not testify that debt relation is founded and exists to continue, Only on basis bill what be written meaning may ask the payer pays money, the bill debtor ought to adduce evidence for the defense causes. Third the bill debtor doesn't defend the third goodwill people with cause relation. All goodwill people get bill person , deduce that be primitive get bill right , not succeeding the right blemish being dodged by the bill, However the endorser even not have no right to dispose, the endorsee still enjoys the bill right.on the other aspect, covering in effect of the bill's nature of having no cause, also existence exception circumstance. First between the direct interested party who accepts and gives bill, bill cause relation has direct impact to bill relation effect. Twice, if that means or way of the bearer gets a bill's is illegal, or because of the culpable negligence or the blemish being fully aware of whose remote holder bill right and still accepts bill possession transfer's , then he does not enjoy bill right. Third, the bearer gets a bill without paying equitable price or well-balanced price, the bearer can't enjoy the bill right more than the remote holder. Fourth, the drawer delivers a bill in order to pay off cause debt, if bill debt (new debt) in principle failing to carry out, cause debt (old debt) does not die out right away (the replacement product pays off not including). Fifth, when the bill right isn't effective because of for a given period of time lose time , the bearer requests to return back owing to cause relation to the drawer or the acceptor within the limit to benefit. By the cognition of the bill's nature of having no cause theory and its relativity, suggest that content of our country Negotiable Instrument Law relevance carries out suitable modification on, to resolve internal conflicts. First ,adjust Negotiable Instrument Law legislation purpose. According to economic growth objective conditions and Actual need of the marketplace trading , I suggest that "Negotiable Instrument Law " adjusting, the value of self runs after, take promoting and protecting a bill to circulate as whose main legislation purpose , provides sufficient space for the development and suitable for use of the bill's nature of having no cause Jets the bill's nature of having no cause bring bigger effect into play. Twice, is that the accurate bill suitable for use nature of having no cause relatively theory. Delete blurred similar article 10 of "Negotiable Instrument Law" middle regulation, effective range and special case of invalidating of nature of having no cause are leaded into all round "Negotiable Instrument Law ", take that the bill's nature of having no cause as principle give all-round suitable for use, that effect of the bill's nature of having no cause is beyond it's depth circumstance give clear stipulation in "Negotiable Instrument Law ". Third, revise to regulation of relating to price. Suggest that 11th the first section of "Negotiable Instrument Law " revises for "the person who gets the bill doesn't enjoy the more right than the remote holder, if he doesn't pay the price or equitable price". The definition of price "being corresponding to denomination to price" , strengthen the accuracy to price. Forth, We admit that blank endorsement and expand the bill's nature of having no cause suitable for use. Adopt the method of work going through the world, establishes blank endorsement system as soon as possible , expanding the principle effect space of the bill's nature of having no cause, Causes the bill convincing procedure to simplify and promotes bill circulation .Fifth, we must makes an explanation to the judiciary to the relevance and carries out the synchronism adjustment to administrative rules and decrees, and keep the law compatibility, The bill's nature of having no cause relatively is leaded into our country Negotiable Instrument Law system all round and become core of governing principle .The bill's nature of having no cause is that all country's Negotiable Instrument Law one carries out the altitude technicality regulation checking that for a long time and already becomes common criterion abided by international economic activity process every country. Under international economy trade integration environment, Our country's Negotiable Instrument Law responds to changes the ambiguous attitude and affirms and adopts The bill's nature of having no cause, Links to our country reality, ascertain effect range of the bill's nature of having no cause, and process the relation between the bill relation and basis relation, bringing the bill circulating and the credit function into play much better, make effort to receive a track with international bill legislation , boost international economy associating with trade and make the bill bring bigger effect into play to our country economic growth.
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