The Research Of The Nanjing National Government's "Negotiable Instruments Law"

To improve the voucher system, promote the development of commodity economy, and correspond the global trend, Nanjing National Government formally announced the draft bill law by the legislature in October 30,1929. This is a bill that is the Nanjing National Government's "Negotiable instruments law". This is the history of a Negotiable Instruments Law, also after 60 years in China, the only Law of Negotiable Instruments. This bill law not only focus on traditional Chinese commercial practices, but also paid great attention to learn the advanced integration of instruments and became law and precedent. So this is a highly successful forward-looking and feasibility of legislation.In view of this, this paper historical research, comparison, logical, and semantic analysis methods, and research from the perspective of the Republic of China more than "Law of Negotiable Instruments."The part first, the formulation of the Nanjing National Government's "Negotiable instruments law".The role of the traditional policy of restraining commerce under the serious deficiencies in Commercial Law.The rapid development of Western capitalism, foreign bills became law matures, to stimulate rapid changes in China's economic policy. Since the late Qing Dynasty, the demand for economic development and political factors, China began to focus on legislative bills.From the late Qing Dynasty, "Shida case" initial attempt to further explore the Beijing Government, the formation of five draft Law of Negotiable Instruments, National Government final time in the context of the complicated history of the first to draw up a bill law in China-the Nanjing National Government's "Negotiable Instruments Law."The second part, the content of the Nanjing National Government's "Negotiable instruments law".The first part sets out the type and nature of the instrument, and thus the right notes, bills act, the bill duty, and other basic system Obliteration of Bill systematic analysis.The view that the laws in the following by the Qing, Republic of China more than prepared on the basis of the draft Law of Negotiable Instruments, drawing Germany, Japan, Britain, France and the United States advanced the voucher system, to learn the Hague International Conference 1912 "Unity Notesrules "of the content, detail the specific provisions of the notes system reflects the blending of Chinese and Western legal system and customs of the dual considerations, system design more complete.In particular, the system is one of the provisions on the Obliteration of Bill.The third part, the features of the Nanjing National Government's "Negotiable instruments law".Although the Nanjing National Government's "Negotiable Instruments Law," all the provisions of the draft than the Republic of China has decreased, but the voucher system is very complete. The law strictly implement the legislation combined Chinese and Western philosophy, created a "three votes a law," the world's most advanced legislative system, in particular the establishment of a chapter on general principles, the bills of exchange, promissory notes, checks the exercise of common rules for three types of instruments to conduct a unified decision. In addition, in 1995, with China's current "Law of Negotiable Instruments," compared to that of the Republic of China "Negotiable Instruments" system designed to provide maximum circulation of bills to protect. They have fully demonstrated the Chinese modern instruments Legislative superb technology and the level of legislation.The fourth part, the implementation of the Nanjing National Government's "Negotiable instruments law".Notes to the Republic of the court dispute to illustrate the Nanjing National Government's "Negotiable Instruments Law," the enactment of the implementation to the trial provided a direct, strong legal basis for the dispute settlement instrument to safeguard the legitimate interests of rights holders instrument to contributions.On the other hand, the Nanjing government gradually built up the notes under the legal system, adopt and implement a series of economic reform measures, instruments market order rectification, reform our bad habits inherent in paper.That the Nanjing National Government's "Negotiable Instruments Law," the implementation of the indirect contributions to our modern industrial and commercial, and financial industry.The fifth part, the evaluation and implication of the Nanjing National Government's "Negotiable instruments law". Through preamble to the Nanjing National Government's "Negotiable instruments law" the inspection, first makes the overall appraisal to this law. Pointed out that it has the good social basis, is the Western advanced experience with the Chinese tradition custom union, has manifested the legal stopgap, advancing as well as the exquisite legislative technology fully. But because the National government time war is frequent, business environment time receives limits, various local economic development not equal factor's influence, this law's implementation effect is not specially ideal, the bill in the law was suitable on still faced all sorts of questions. Next, unifies our country present age society present situation, proposes to our country present age bill legislation reform trifle suggestion. Proposed that must consummate our country present bill legal regime's way, should face up to, take the tradition, the attention absorbs in our country history once had had the excellent legislative technology, should not only limit to uses for reference blindly from the foreign country corresponding legal regime. When draws up the bill rule, must strengthen to the bill does not have because of principle and so on nature strict implementations, increases to uses the behavior standard which frequently the bill will possibly appear, if the bill will spread sells system's establishment.