China Blank Voucher System, Legislative Research

A blank bill is issued under the conditions that a drawer intentionally makes several necessary items vacant and authorizes the counterpart to complete them. A blank bill has different names in different countries; A blank bill has come into being on the basis of violating the traditional bill theories and of contacting the long-term practice. The laws on Negotiable Instruments in most states as well as regions have undergone the process with a blank bill not being admitted to being done. In the realistic economic life, a blank bill can be classified into different categories on the basis of the targets that have been vacant and negotiable instrument categories; A blank bill is able to facilitate commercial trade, however, it isn't flawless; There are obvious distinctions in appearance and contents between a blank bill,a quasi blank bill and an incomplete bill.This thesis compares through analysing the legislative rules pertaining to blank bills in two major systems of law, focusing research on questions relating to its implications, formation, supplementary rights and legal effect etc, in the hope of summarizing its main content. What's more,this thesis brings forward the theoretical fundation of the blank bills ——Rechtsschein theorie. Due to the fact that People Republic of China's (PRC)Billing Law blank bill rules are overtly simplistic and lack precision, this thesis combines the current state of the economic life of the PRC, appraises blank bill rules and finally offers some suggestions for the legislature.Basic OutlinePreface——A brief description of the shortcomings in the PRC's blank bill legislation, and the purpose, significance and method of this research. Chapter One——A description of blank bills. This chapter first explains the concept and introduces the most popular types of blank bills. It then continues with the nature of the blank the formation of blank bills. Academics views differ on the formative factors of blank bills. The author agrees with the four-factor argument, and describes each in part one of this chapter. In the second and third parts of this chapter the author analyses the nature of authorization behavior and legal questions pertaining to delivery in these formative elements. At last, the thesis brings out with the legal effect of the blank bill. On the basis of the special nature of blank bills, this chapter examines in detail the differing legal effect of complementary rights before and after they are obtained. As for its legal force, a blank bill shall be turned into a perfect negotiable instrument on being completed, therefore, the validity of a blank bill mainly refers to the very state of effect from the time of issuing such a bill to completing it. As for as different parties are concerned, the force of a blank bill is not exactly the same.Chapter Two——the theoretical fundation of the blank bills ——Rechtsschein theorie. On the basis of the special nature of blank bills, this chapter examines in detail the Rechtsschein theorie. The chapter includs the fundamental conception of Rechtsschein theorie, the structure of Rechtsschein theorie and the characteristics of Rechtsschein theorie.Chapter Three——The analysis on the formulating position on the negotiable instrument law in different states and regions shall contribute for us to discover the difference between our negotiable instrument law and the advanced level in the world.Chapter Four——An appraisal of the PRC's blank bill laws and regulations up to the present day. This chapter provides a summary of the purpose and significance of the author's research. By reason of the virtual "blank" that exists in the system of blank bills within the system of PRC instrument laws, this chapter offers some legislative suggestions on the basis of the appraisal of the PRC's blank bill rules. On the one hand should gradually develop rules pertaining to blank bills, and under circumstances where revision remains somewhat difficult consider further interpretation of the Article 86 of the Blan...