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Research On Instruments Without Cause

Posted on:2012-11-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y CaoFull Text:PDF
GTID:2216330338959587Subject:Law
Abstract/Summary:PDF Full Text Request
Instruments, as typical securities, have several important economic functions in modem market economy, which can't take effect without their negotiation. In fact, negotiation is the nature of instruments and the root of all the instrumental systems. The abstract of instruments is one of the most important systems that promote negotiation.Notes by the principle of non-instrument law as the basic principles for the promotion of bills in circulation, protection of the safety of transactions played a critical role. Both countries and the instrument law, or the Geneva reunification Negotiable Instruments, without reason has been the principle of a high degree of technical rules is universal adherence. Thus the principle known as "the soul of the modern instrument law" and "the principle of legislation." However in the current bill's law, the attitude to the rule is always indistinct. Along with our country's joining the WTO, the economic developing fast, the international association turning deep, it is very necessary to be in line with the word in the law of bill. Therefore, it is very important and realistic to re-know the no reason principle of bill.I do not surmise shallow, "the study notes no problems due to" write a dissertation entitled to the legal system on our legislative and judicial instruments to further improve and standardize benefit. Paper is divided into four parts:The first part introduces the case, the article leads with a case full of real issues-notes without cause. The second part is an overview of bills without cause, the part of the bills introduced in two ways without cause, one is not because of the connotation of bills and forms, on the other hand is a instrument basis and the relationship between notes. The third part is the value of bills without cause analysis, notes, bills not function due to the evolution of sex is the inevitable result of economic development and is the basis of the theory notes, is the notes in circulation and security protection. The fourth part is a result of perfecting the bill without thinking, the part of the first notes of the existing legislation without cause evaluation, mainly to clarify the legal system of the present status of bills and notes gaps in the legislation were evaluated. Second, financing instruments and notes are introduced without cause,.In recent years, negotiable instruments finance without true business background is more and more popular in our country, but it is illegal.Finally, proposed changes to the Negotiable Instruments Law in China.From various regulations and law concerning instruments, it can be inferred that China admits the abstract of instruments, however, some provisions in instrument law put itself into the situation of self-contradiction. Therefore, how to comprehend and apply these provisions and how to perfect them in future legislation are impending issues to be solved theoretically.
Keywords/Search Tags:Instruments, Non-cause of instruments, Value analysis, legislative perfection
PDF Full Text Request
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