Research On Practice Legal Problems Of Bill Discounting

The bill discounting is the bill behavior of the commercial bill possessor in order to obtaining the capital, pays the certain interest to the financial organ before the mature day, which is one financing way of the financial organ to the possessor. For the possessor, the discount is the behavior of selling the due bill to the financial organ in order to obtaining the floating capital, which may take back advances money to the commercial credit capital. For the financial organ, the discount is the service of loans with the commercial credit. After the mature day, the financial organ takes back the fund from the remitter. The bill discounting may cause part of idle capitals owner to use and attain benefit together. For the financial organ, the bill discounting may obtain more interest income; the fund takes back quickly and safely. As for the possessor, may obtain the short-term fund to gain management income.At present, many bill discounting business problem discussions are from the finance study angle, which lacks cares from the legal angle and finance angle systematically discussions. On the foundation of realistic cases analyzing and bringing forward the dispute focal point, this article has researched on the bill discounting from the legal theory, the institution angle and discount processes, including bill discounting character, discount part's legal relationship, bank's examination duty, illegal discount liability and so on. At last, this article put forward the proposal to innovate and consummate the related bill discounting law.The full text divides into three parts from the structure: The first part is about our country's present development situation of billdiscounting market and the typical cases. In this part, through looking over the bill market present development situation, enumerating three typical cases' fact and judgments, and analyzing dispute focal point, we can discover present lawsystem's flaw.The second part is about the bill discounting relative legal matter's analysis. In this part, I have analyzed the legal character of bill discounting, each part's legal relationship, the discount bank's examination duty, illegal discount consequences, and present legal conflict problem and so on. I have discovered bill discounting having the law character of bill selling, commercial loan and bill endorsing which have being tied with each other. There has complicated cause relation and bill relation between the discount applicant and the discount bank, discount applicant and the remote holder. The bank's examine duty is a kind of form examine. Through all above discussions, there is a way to consummating related legal system.The third part is about consummation of the bill discounting system. Through the above part's discussion, in this part, proposed several way to resolve the problems, like the solution of the conflict bill discounting laws and regulations, the consummation of discount legal rule, the consummation of bill inquiry procedure.