Forged Endorsement Legal Issues

This thesis makes use of comparative and analytical method to study forged endorsement which always be made in business activities currently. I wish it can design a kind of more rational law system to handle these problems and knottiness based on the law value such as embodying order freedom justice efficiency.In the chapter one, the following questions are discussed and introduced: elements, categories of forged endorsement of bill and interrelated conceptions; Should an unauthorized signature be treaded as a forged action or a valid action and which of enactment is more feasible? Should the way of signature in bill include stage name or nickname? On the other hand, the thesis tries to describe clearly the regulations between criminal law and bill law. Finally, pointing out that this thesis only deals with forged endorsement from the respective of the bill law.The chapter two looks back the related all kinds of theories and law regulations from the beginning of appearance of forged endorsement with the result of two bill law systems coming into being, and it discusses general principle and exceptive regulations in handling forged endorsement, at the same time it also attaches importance on the conciliation of rules such as international note and bill pact of the united nation.In the chapter three, at first, thesis compares the differences in rights and responsibilities of those directly involved between the two law systems. Then presents the influence on the parties concerned when the theories such as reorganization, estoppels and apparent authority are applicable to the forged endorsement.In the chapter four, thesis concentrates on the problems how to share loss of not being able to return among the parties, in order to embody the justice spirit of the law. First, paper introduces the following theories: Kildor-Hicks, responsibility stratification, loss distribution and so on. Pointing out and appraising the defects and advantages of these theories, on the basis of it, the author puts forward such a view that the loss should be distributed among the parties such as drawee, payee and direct latter, rather than only sharing the loss between drawee and payee defined as in the uniform commercial code.At the end of this thesis, discussing and anatomizing the status quo of ourlegislation. What' s more, thesis comments the definition of "graveness blame" which was given by the supreme court with skepticism, and puts forward the comprehend for the concept and new standard to define "graveness blame" .