On Bill Payment Improper Legal Responsibility

The commercial instruments have so many functions that they can reinforce currency, even replace currency . According to the commercial instruments' functions , they are going to be more and more important in our highly developmental society. To use and negotiate the commercial instruments, depend on the finance organizations' development. Without their payment, all of the commercial instruments' functions can not come true. So, the research of the payment is indispensable. Even when the payment is improper, there will be so many forms how to distribute the legal obligation. And because the reasons are very complicated, and many parties are involved, how to distribute the legal responsibility is very complex. The paper tries to compare some representative countries' legislation, and hereby gives some suggests.Firstly, it is still necessary to demonstrate and analyze the basic concepts of the payment, so I introduce the concepts and elements of the payment. Because the commercial instruments can be negotiated, who accept the money is not cared so much as before, no matter who is the real obligee or not. In another word, if the payer check up the bill according to the law and then pay a sum of money, the payment is legal and proper. The paper discusses this question in the second chapter.The main part of the paper, is about the basic cases of the improper payment. According that the payer or agent is initiative or passive, the improper payment can be devided into two parts, initiative improper payment and passive improper payment. On the whole, initiative improper payment include improper payment because that the instrument is fabricated, changed, powerless surrogated, or wrong-time; passive improper payment is mostly to be refused improperly to pay off. The paper discusses how the legal responsibility can be taked on while improper payment occurred, and gives some suggestions about the legislation of our country.