Blank Bill Legal System

In the modern society, the blank bill is increasingly important. Therefore, there are detailed stipulations on formal characteristics, such as bill forms and conditions, in the various countries' laws. Along with the rapid development of the modem industry and commerce, the circulation speed of bill speeds up. And in the actual transaction, drawer, when issuing a bill he is not sure of some items in the bill and he should retain the blank and authorize the bearer to supplement it after these items are determined, which is called the blank bill.The system of blank bill, a supplementary system to commercial instrument law, is a balance between eficiency and safety, which reflects the diversity of transaction and value orientation of pursuing efficiency, and keeps safe. Now, the blank bill has been accepted in the commercial instrument law of the world's leading countries and international conventions. However, in our country, we only accept blankness in the amount and payee in the blank bill, lacking stipulations on other specific systems, which is narrow, limited and incomplete in legislation of commercial instrument law.Chapter one in this article is the definition and classification of blank bill and distinction between blank bill and other similar concepts , analyses formative essentials of blank bill. The blank bill has four formative essentials. They are the signature of the drawer, the lack of essential items, the supplementation right of the authorized holder to the blank items and the delivery of blank bill. By comparing the legislation on blank bill in the main countries and regions of the world, we can get that a conclusion that the blank bill is based on economical demands and commercial customs .By comparing the legislation on blank bill in the main countries and regions of the world, we summed up China' s current Law of Bills on the blank bill, and understand the shortage of China' s system of blank bill , also raise questions. This article notes that China' s legal system of blank bill in the scope of blank bill , the right of supplementation, the acquisition of the blank bill in possession bona fieds, and the proceedings of bii in validation of the blank bill ,there is a lot of shortcomings, and in subsequent chapters of detailed analysis.Chapter three is about the nature of the right of supplementation, summed up the blank bill added the exercise of the right way, the exercise of rules, analysis the effect of blank bill before and after the supplementary exercise of the right to exercise. The author of blank bill to add to the legal nature of the dispute, in theory, that could not be equated with acts of blank bill in the authorization of blank paper, blank bills authorize unilateral acts of civil law, and called for the right to be added in a reasonable period of time in accordance with the scope of the exercise of authority.Chapter IV analyses blank bill to the goodwill that the recognition of the goodwill of a blank paper is very necessary. First of all , we clarify the theoretical circle of blank bill to the goodwill of the controversy, and then from three aspects to analyses the goodwill blank paper , that are a lack of the right to add, beyond the right to add, and drawer to withdraw the right to add, the last on the blank bill is the consequences of good intentions. The author believes that the integrity of instruments has been acquired in good faith legal recognition and has a relatively complete system, from the promotion of bills in circulation, protect the bearer of goodwill and from the legislative point of view, we should improve the goodwill of blank paper in the system.The fifth part discusses the proceedings of bill invalidation of the blank bill .In this part , the author addresses his view that the system of the proceedings of bill invalidation can still be employed in the circumstance that an blank bill has been lost, but the application shoud be with certain restrictions.An appraisal of the PRC' s blank bill laws and regulations up to the present day. This chapter provides asummary of the purpose and significance of the author's research. By reason of the virtual"blank" that exists in the system of blank bills within the system of PRC instrument laws, this chapter offers some legislative suggestions on thebasis of the appraisal of the PRC' s blank bill rules. On the one hand should gradually develop rules pertaining to blank bills, and under circumstances where revision remains somewhat dificult consider further interpretation of the Article 86 of the Blank bills Law by way of Supreme People's Court interpretation, and on the other hand should gradually expand the blank bill system from the field of billing law to the field of instruments law. In regard to the legislative style the author deems it acceptable to refer to the legislative style adopted in the Geneva Bill of. Exchange and Promissory Note law. At last, this thesis also gives some legislation suggestions on how to perfect the blank bill system in China .