An Analysis Of Discrepancy Defect

As an important medium of payment and credit instrument in international and domestic trade, bill is compared to the blood flowing in the vessel of commodities trading. With the development of Chinese market economy, connection with the other countries is getting more frequent, and the bill is more widely used than before. However, items actually written on the bill differ from the Negotiable Instruments Act sometime due to all kinds of reasons, which affects the legal force of the bill. Cases of bill forgeries and change are also increasing meanwhile, which jeopardizes the rights and obligations of the party to the bill. There are rules about bill defects in china's negotiable instruments act and criminal law, in which the definition is not totally the same. That generates some confusion when using the bill-concerned concept in reality and theory. Therefore, this article firstly defines and unifies the bill forgeries and bill change and other concepts concerning bill defects. Then, does some research on how to handle the legal force of the bill defects, which is a tricky issue in both theory and practice. Because of the non-causative nature of the bill, act of bill is relevant to the bill itself formally in legal force but distinguished actually. This characteristic differs from the general principle of the civil and commercial law, which makes it difficult to identify the legal force of the bill defects. At the same time, there exist several parties to the bill and all parties are blameless, if the bill defects actor cannot be investigated or repay the money, deciding who is responsible for the loss and how to make up to the true rights owner has no explicit legal grounds. For example, if the payer who is well-meaning and blameless pays the forged bill, but the forger cannot be found or is unable to reimburse, this could be a tough problem. Based on the facts discussed above, this paper mainly does research in how to share loss due to the payment error to the forged bill. More importantly, false bill, forged bill, cloned bill and invalid bill stemming from forgeries and change severely hinder the health development of China's bill undertaking. Even though the academia put forward some methods on how to avoid and alert the infringement of the bill defects, action of bill forgeries has not disappeared, even more common in some areas. Therefore, this paper finally analyzes some measures of regulating and adjusting bill defects. Hope to be helpful in decreasing bill disputes, securing trade and promoting bill circulation.