On The Applicable Dilemma Of China 's Public Notice And Its Solution

Instrument instrument is the holder of the bill to the drawee or acceptor when exercising rights must show your credentials. Once negotiable instrument is lost, the holder of the bill for exercise paper will be impeded, loss of the bill is facing the risk of collecting, our country civil procedure law in 1991 that introduced the system of public notice, chapter 18 in the form of discussed with rules on the public notice procedure, in order to realize the bill after the loss of the instrument preservation and restoration of rights on the bill of rights. The obvious value of public notice system., but the legislation theoretical research of economic development, social life and the restriction of many factors, public notice legislation has some not comprehensive. The parties to evade the debt based on illegal purposes, abuse of the public notice procedure, results in a public notice in the troubled, difficult system to play its proper function.The civil procedure law has undergone two major repair, but has not been made to the public notice procedure any correction, the current civil procedure law in the public notice procedure still exist the following problems:issuance scope too narrow; The scope of issuance applicant is unknown; The effectiveness of the public notice during transfer paper definition is not clear; Judgment and drawee except authority, contradiction; Effect of unknown except authority; Except authority ruling paper interested party after the judicial relief way co., LTD.; Abuse of public notice of the implementation of malicious prosecution of accountability, etc. The supreme people’s court enacted in 2015 "about" the civil procedure law of the People’s Republic of China the interpretation (later called the people v. explain) to improve the public notice procedure for parts:strict review applications for issuance of accepted standards; Adjust the public notice period, to protect the rights of bona fide holder of the bill. Improved in addition to the relevant provisions of the right of decision; Clear the end the public notice procedure after the applicant or the notifier lawsuit jurisdiction. But constrained by legislation is not modified, "the people v. explain" unable to adequately address the various problems existing in the public notice procedure in our country, because of this, the author through to our country the application dilemma of the public notice procedure system analysis, discusses the establishment of the purpose and nature of the program and program structure based on the analysis. Listed in this article is divided into six parts, the introduction of four typical cases, the public notice procedure are summarized based on case need to solve the problem. The first chapter specific analysis existing in the public notice procedure in the application of the mire; The second chapter expounds the legal basis and the system value of the public notice procedure; The third chapter the outside legal system, summarizes our country perfect can draw lessons from the direction of the public notice procedure; Chapter iv combined with practical situation and in the change, the people v. the public notice procedure system of legislation and judicial application put forward reasonable Suggestions.