Current Situation And Improvements To Negotiable Instruments Endorsement System

As the establishment of Chinese socialism market economy system, the currency and commodity flows break not only the regime barriers but also borders between countries, thus build up market Integration of the whole world. As one of the important part of commercial laws system,"Negotiable Instruments Law"is being taken into consideration seriously, since increase of the currency receipts and disbursements behaviors caused by increase of commodity exchange, labor supply, capital deployment and transfer of intangible assets such as technology results in wide use of Negotiable Instruments in recent years instead of cash used for some several thousand years, which provides a wide platform for instruments transfer in endorsement thus results in conflicts between the usual and convenient practice in instruments endorsement and regulations and terms stipulated in Negotiable Instruments Law. Problems such as the difference between current situation of instruments endorsement in China and overseas instruments endorsement system, obvious conflicts between current instruments endorsement system and instruments business development become challenges to instruments principal as"Safe and convenient"and have severe impact to instruments flow as well as retard the economy development.Based on comparison between basic regulations of negotiable instruments endorsement system and negotiable instruments endorsement system in main overseas countries, and the current situation and major problems of negotiable instruments endorsement system in China, this text intends to seek for the balance between endorsement practices and instruments regulations and bring forward its own theory to the existing instruments endorsement system.This text includes four chapters with some 22,000 words except preface and concluding remark.Chapter 1 explains the conception, type, manner, category, effect and process of negotiable instruments endorsement system in aspects of negotiable instruments law, negotiable instruments management regulations and pay settling account law, and build up a framework of negotiable instruments endorsement system with Chinese characters.Chapter 2 seeks for social basis for different instruments use and balance between different instruments endorsement system according to comparison between China's instruments endorsements system and those in Britain and U.S.A and those in France and Germany based on Geneva Uniform Law as well as those in HK and Taiwan.Chapter 3 explains the current situation of instruments endorsement by taking example for five types instruments allowed to make endorsement such as Bank transfer draft, Commercial Acceptance Bill, Bank's Acceptance Bill, cheque and transfer cheque, and points out problems in current instruments endorsement system in the aspect of instruments practices. Chapter 4 on the basis of the current situation and problems and comparison between China's instruments endorsement system and those in advance countries, makes related solutions to improve instruments endorsement system in the principal of the world trend and objective evaluations.