Blank Bill Legal System

The system of incomplete instrument takes an especially characteristic part in the instrument legal system. In spite of its thinness, this system involves almost all the basic theories and important systems of instrument law, and even the legislative policies and legislative technologies of instrument law can be embodied in the system of incomplete instrument China's present instrument law takes a rigid attitude towards the incomplete instrument, and relative theoretical researches are still far away from perfection, which makes the study of the system of incomplete instrument necessary. This article endeavors to make a study on this topic from a comparative perspective on the basis of a relatively thorough theoretical analysis of the basic matters of the incomplete instrument, and then tries to give some legal suggestions to improve our legal system of incomplete instrumentThe text of this article can be divided into six parts.Part One is a main introduction of the incomplete instrument. In this part, the author differentiates the concept of "incomplete instrument" from its related concepts so as to get a clear definition of the incomplete instrument As far as its legal ingredients concerned, the author holds the position that the adoption of "the theory of four ingredients" is more suitable with the true intent of the legislator and the general academic view. The emerging of the incomplete instrument has its own historical background, and this kind of instrument still enjoys great vitality in modern business worldThe second part deals with the supplemental right of the incomplete instrument, which is the basis of system of incomplete instrument From the point of the author's view, the basic theory of supplemental right should be "the theory of authorization", while the standard of the cognizance of this kind of right should be "the theory of objectivism".In the next part, the author analyzes the legal effect of the incomplete instrument A clear line should be drawn between two different circumstances to get a reasonable comprehension of the legal effect of the incomplete instrument: whether the incomplete instrument has been supplemented or not.Part Four is about the acquisition of the incomplete instrument in possession...