A Study On The Legal Problems Of Discounting Folk Bill

In recent years, with the rapid development of China’s financial bills, the financing functions of bank’s acceptance ware increasingly outstanded by the market. At the same time, civil market of note discounting also developed, as well as the intermediary institutions specializing in the bill of sale and professional personnel. But because of the legal rules and regulations such as the circulation of negotiable instruments and discount need for a “true trade background”, the type of note Legalism and many other restrictions, in China the note which can be used to discount is the vast majority of bank acceptance, to the subject of operation of the bill discounting business limit for financial institutions with specific qualifications, civil note discount in the main body, market discount scope, process and other aspects, there are still large differences related requirements and legal provisions, its operation and often lack of supervision and guidance, the grey zone civil note discount has been in legal supervision.The main content of this paper includes three parts: introduction, text, conclusion.The introduction part includes the reason of the topic and realistic significance, the available research results summarized review, and introduces the main research method of this article.The main body consists of four chapters, about forty three words.The first chapter, an overview of civil note discount. Starting from the concept like the discount, discount of negotiable instruments etc. comparatively analyzed the subject, elements, processes and other aspects of the bank note discount and civil note discount, summarized the definition and connotation of civil note discount market. Then carries on the analysis from the legal nature of note discounting, legal nature and legal relationship from the typological clarify civil note discount, thinks that the civil note discount is fundamentally different from the law of “the note discount”, should be determined according to specific types of features of legal nature.The second chapter, the analysis of the legality of the civil note discount’s subject, Separately from the application manifest person, discount and intermediary, the legality of subject on the sale of civil note discount and derivative type civil note discount is analyzed, summed up its business legal risk and judicial applicable rules.The third chapter, to analyze the effectiveness of behavior in civil note discount. On the sale of civil note discount and lend civil bill discount, which does not have the true trade background, the effect of non endorsement transfer, Bill direct lending, non endorsement of pledge behavior analysis, summed up its business legal risk and judicial applicable rules.The fourth chapter, the perfection of the legal note bill discount. The author from our note discount market reality, puts forward some suggestions on the current civil note discount problems: first is to modify the repeal of the State Council for the note discounting business management regulations, developed the note discount market experience, to distinguish between transaction note and bill financing, vigorously develop the financing instruments, securitization development and supervision mode; second is develop the laws and regulations related to the civil note discount, modify the Regulations on the “real transaction background” of negotiable instruments law, a clear without reason principle of increasing the blank endorsement, simple delivery of transfer to the bill system, solve the problem of conflict of laws “negotiable instruments law” and the related judicial interpretation. The third is to improve the relevant system, vigorously develop the electronic bills and Internet note discount business, encourage the establishment of conduit company, will be incorporated into the scope of civil note discount to the national regulation, promote bill financing function of unity and national regulation of financial supervision.