Payment Of Negotiable Instruments Law Study

Payment of Bill refer many legal problems,this paper is in line of the procedure of Payment of Bill, synthetically manage the means of analysis and compare, quote foreign and Formosa legislation to compare and consult, analyze Chinese legislation in existence. Point out the advantages and disadvantages of these legislation, put forward the measures and the advice of How to perfect these legislation.This paper is made up of five parts :The first part is summarize of bill Payment. This part introduces the meaning,sorts and character,to give necessary matting to the later developments. With regard to the character of bill Payment, academe have different ideas about it.In my view, determining the nature of bill Payment as behavior on bill rule of law,definitely differentiate bill behavior and behavior on bill rule of law,is worth agree with it.The second part is procedure of bill Payment. By describing, analysing, comparing the diffent statutes of mainland and other coundry, we can see the success and failure of chinese legislation,then find the use for reference to china.In my view, the provision"fulfill the payment on that day"on article 54 of Chinese Commercial Instrument Law , is likely to result in the drawee'break to article 106 or article 57. So, judicatory explaination should set up a more reasonable period,to avoid the mistakes in bill Payment.The third part is censor obligations of bill Payment,is also the keystone of this paper. Our codex stipulates many censor obligations, these mast be fulfil,or the drawee should bear the corresponding liability.Some scholar consider the Judicatory explaination is incompatible with the primary law.In my opinion,we should unscramble it carefully,to catch on the original intention of legislation,then we made the conclusion that these is no conflict in it.The fourth part we will probe into the obligation of mistake Payment. In my opinion,it is tort obligation, because these is no contract between the drawee and the holder from beginning to end.who should bear the obligation, the drawee who is latest to the risk or the last holder of bill,or both of them go shares? In my view,wo should differentiate different instances to resolve this problem,and clarify obligation foundation of it.The last part is epilogue.In this part ,we should continue to perfect note legislation.on the basic of absorbing the legislation of other countries, make sure that our legislation have mainland characteristic。...