The Study On The System Of Bill Obtained By Bona Fide Purchase In China

The system of bill obtained by bona fide purchase is an important and special system. As the fuzzy understanding in the theory of system, there are applied errors existing in practice. The 12th in China's "Law of Bills" can be considered as the formulate of the system of bill obtained by bona fide purchase, but it is too general, and exsits many controversations in the scope of application in practice. Therefore, to ensure the normal circulation of bills and maintenance bills of credit, it is necessary to make the study on the system of bill obtained by bona fide purchase so that it can promote the modification and improvement of "Law of Bills". This paper uses the comparative law and law hermeneutics, the contents are as follows:This paper has been divided into four main parts:The first part makes a general introduction of the system of bill obtained by bona fide purchase, including implication, the legislative models adopted in the legislation of "Law of Bills" in different countries, and the theoretical and practical basis on bill obtained by bona fide purchase.The second part introduces the elements of bill obtained by bona fide purchase. To promote the circulation of bills and protect the safety of transactions, the system protects the rights of the assignee at the cost of the original. It is necessary to formulate more serious applying conditions of the system. It should include four elements:(1) obtaining bills from the people who have no disposition; (2) obtaining bills according to the transferring ways of the formulation of bills; (3) obtaining bills based on good faith; (4) pay substantial price when obtaining bills.The third part introduces the judicial consequence of bills obtained by bona fide purchase. The reason why "Law of bills" uses the system of civil law is to balance the conflict of interest of original rights people and people who have no disposition, making valuable choice between the interests of two. After the application of the system of bills obtained by bona fide purchase, there will be different judicial consequences among the original rights people, people who have no dispositon and transferee of good faith.The fourth part makes an analysis of the system of bills obtained by bona fide purchase in China, and put forward a sound proposal. First of all, to ensure the effective application of the system, some restrictions should be on the defensing bills; second, the application should be enlarge during the period of the public notice; third, expand the scope of black bills, clear the responsibility of abusing bills to protect the interests of bona fide holders.