| With the establishment and gradual imposition of the socialist market economic system, negotiable instruments, as a kind of tool of transaction, credit and financing, etc., have showed its important role in the economic life. And Joining WTO has also put forward higher demand on the theory and practice of the legal system of negotiable instrument of China mainland. ((Law of the People's Republic of China on Negotiable Instruments)) has been enforced formally for about 9 years. It has made important contributions to economic development and circulation of commodities of our country. At the same time, we should also realize that the present economic environment in China has already changed greatly compared with the situation 9 years ago and the economic activity is more complicated man ever. So the regulations on the relevant issue in Law of the People's Republic of China on Negotiable Instruments seem not to be able to resolve these puzzles. Agency of Acts on Negotiable Instrument is the one of them. The regulation about this system is only seen in article 5 and 7 in the Law of the People's Republic of China on Negotiable Instruments. And the content is generally, having no operability. On the theoretical research about Agency of Acts on Negotiable Instrument, most scholars discuss it as a kind of special Civil Agency on the premise of the legislation style of the united Civil Law and Commercial Law, having ignored its attribute-the negotiable instrument law is a branch of the Commercial law. Duality of Commercial Agency is an important part of the theory of Commercial law. It also developed from the system of Civil Agency. But there is obvious difference between them. So it is not comprehensive to draw briefly the conclusion that Agency of Acts on Negotiable Installment is a special Civil Agency, ignoring the study of the relation between Agency of Acts on Negotiable Instrument and Civil Agency. Of course, it is also unfavorable to the theoretical study and .practical development ofAgency of Acts on Negotiable Instrument.Through comparing Agency of Acts on Negotiable Instrument with Civil Agency and Commercial Agency and analyzing them in the thesis, we reveal the essence of it-a kind of special Commercial Agency and analyze several concrete actions basing on it. And then we point out the deficiency on our Negotiable Instrument law. In the last, we offer the concrete measures to remedy the deficiency of the current law, combing the essence of Agency of Acts on Negotiable Instrument.The article is made up of 4 parts, about 36,000 words altogether.Chapter 1 summarizes briefly different theories and system about Agency of continental law system and Anglo-American law system, reveals the essence of Agency of Acts on Negotiable Instrument-a special Commercial Agency, through comparing it with Civil Agency and Commercial Agency. At the same time, we establish the theoretical foundation for the argumentation of other chapters.Chapter 2 analyzes several concrete Agency of Acts on Negotiable Instrument. We discuss them on different angles because they can be divided into different classifications according to various standards. The first one introduces the difference on legislation of Negotiable Instrument law between our country with Common Law and Civil Law system; the second one expounds the essence and enlightenment on legislation of Agency of Acts on Negotiable Instrument as a special Commercial Agency.In Chapter 3, we starts with the case and analyses the relevant question in the practice-Forgery of a Negotiable Instrument, then offers some legislative suggestions about it.On the premises of the basic system and common problems in the practice about Agency of Acts on Negotiable Instrument in Chapter 4, we explain the concrete measures and suggestions that improve it in our country. |
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