Rechtsschein Of Negotiable Instrument

The negotiable instrument has typical Rechtsschein .It takes the dialectical materialism epistemology and law authentic views as its epistemology foundation , is infiltrating social standard ideology deeply, with pursuing " movement security " as a target, stressing on the bona fide third party's interests protection. It has the vital significance in promoting the note transfer safety and facility , also is meaningful in diminish cost.The Rechtsschein of negotiable instrument has four implications: First, the paper notes on the appearance is the full recognition of rights. The parties to note shall not ask for other rights which are not shown on the appearance. Second, when the Rechtsschein of note paper is inconsistent with litigant's genuine intention , it shall be assumpted the content and validity by note showed,then to protect the bona fide third party's trust on the Rechtsschein instrument . Third, the Bills have lack of elements on the Rechtsschein,to promote the safety of transactions for the purpose of the complete notes presumption Rechtsschein . Fourth, in the explanation method shall follow in accordance with notes explaining the a Rechtsschein of notes debts, determine the debtor's paper notes responsibility and the bearer rights.A clear policy in the law and a high degree of technical preparation of Notes Rechtsschein natures. They are intrinsically linked to the four acknowleged basic characteristics of negotiable instrument action theory. Literal speciality of it presentated the Rechtsschein words to show traders;Formal of notes declaration regarding the appearance of it being locked in a certain framework, in case the dealer to be loose end without a certain standard; Because of the abstract principle and independence-can be divorced from the Rechtsschein as well as the basis of relations between the behavior of the former, so that the Rechtsschein to be superiority, traders can rely on it. Four characteristics of the negotiable instruments action from different perspectives reflect the real instruments and forms which are the concentrated expression from the Rechtsschein.The negotiable instrument Rechtsschein to be applied, should have three elements: instruments and the objective existence of facts appearance,the transactions relatives on the Rechtsschein facts and themselves'trust of goog will to the attribution can be formed. Hence comes the direct legal effect is the status what bill Rechtsschein condition obtaining from legal state, attribution of the corresponding self have to bear responsibility for the bills, and the bona fide relative transfer counterpart of bills on the trust of Rechtsschein facts shall get the instruments rights. Presentation of the paper also has its own range of distance, in giving notes directly between the parties and does not involve a third party to the case,there is no application of space for the bills Rechtsschein,for the other responsibility of liability and it is not allowed as well.In China,The legal system for the negotiable instruments Rechtsschein is still insufficient,to a large extent, affecting the transaction of it, has restricted its function role either. Negotiable Instruments Law should fully embodies and protects the Rechtsschein of it, strengthens to the bona fide counterpart's interests attention, improves the incomplete instrument system,affirms the apparent agency of instrument, to further accelerate the security and convenient of the negotiable instruments transfer, fully displays the instrument functions,to contribute to the instrument market prosperity and development.