Study Notes The Right To Relief The Legal System

Along with the development of the economy, the conduct and actions knot pays the negotiable instrument usage more and more extension, the negotiable instrument will appear to lose the note phenomenon inevitably in using process. Losing a negotiable instrument means losing a warrant to exercise the rights on a negotiable instrument as a security with imbedded options and a presentment security. So there is system of losing of a negotiable instrument in the law system in different countries. The countries and regions of the civil law system adopt the system of public summons for exhortation, while the countries of common law system adopt the system of taking proceedings. And some other countries adopt the system of reporting the losing of bills and stopping the payment besides the two main systems. Our country assimilates the practice of the countries in the two main law systems. The system of reporting the loss of bills and stopping the payment, the system of public summons for exhortation and the system of taking proceedings all together constitutes the system of losing a negotiable instrument and remedies in our country.Our country exists some shortages in the negotiable instrument law system, needs the aftertime lawmaking of perfect or been given complement with the form that explains by the Supreme People's Court definitely.The current《Civil Procedure Law of the People's Republic of China》exists some shortage in the system of public summons for exhortation . Among the rules, the system of public summons for exhortation to tell the period to turn to make the negotiable instrument behavior invalid, obvious conflict of this law provision and the negotiable instrument for no reason existence, check and supervision the negotiable instrument circulates extensively. Rule for this, the academic circles is widespread and think and should give the deletion now. The《Law of the People's Republic of China on Negotiable Instruments》promulgation night in《Civil Procedure Law of the People's Republic of China》, but《Law of the People's Republic of China on Negotiable Instruments》also have no explicit provision already drive the note for no reason of widespread approbation in world, just rule the good intentions of the note to obtain, this also is our country《Law of the People's Republic of China on Negotiable...