Bills Because Of Research

Abstract principle of Negotiable Instrument is the foundation of the negotiable instrument law of the modern times, and is widely accepted by international legislations. This article gives a detailed discussion about abstract principle of negotiable instrument, using some kind of historical, comparative and theoretical analysis methods. The article talks of the basic principle and the legislative execution of the foundation of abstract principle of negotiable instrument, and discusses the legislation of abstract principle of negotiable instrument of China, then offers a constructive solution to perfect negotiable instrument law of China.In the first part of the article, the author first presents the process of the origin of abstract principle of negotiable instrument and gives a detailed description of its basic principle. This consists of the concept, legislative foundation and value analysis of abstract principle. Abstract principle of negotiable instrument is the induce relations of negotiable instrument, that is to say, once negotiable instrument signed , is independent of the basic negotiable instrument relation. Abstract principle is especially founded to satisfy economic legislative needs .Abstract principle also has extensive legislative foundation, and the appearance theory of rights, abstract principle theory of juristic act of real right, and literal principle of negotiable instrument all have an intimate relation to it. The aim of the rules of abstract principle of negotiable instrument is to maximize the gain of negotiable instrument, promote its transition smoothly and ensure the economic trade security.The second part is about the performance and exception of abstract principle of negotiable instrument. Normally, the relations of negotiable instrument and its basic relations independent are independent of each other, but according to the principle of justice and honesty, there is some exceptions of their interacting relation state.In the third part, abstract principle is the core and foundation of the negotiable instrument theory. Though this article may obtain the inherent character of negotiable instrument act, such as the formality principle and the independency of negotiable instrument act, and therefore may design and arrange the system of negotiable instrument act according to it, such...