Studies On Several Issues Of China's Negotiable Instrument Law

Commercial instruments are one sort of typical portfolio. It can be said that circulation is the essence of the instruments. But as the time goes and the widely expansion of instruments, there come new situations and problems. The security of instruments'circulation is terribly threatened and it now becomes the top priority that instrument law must resolve immediately. This thesis will choose three urgent problems which are the abstraction, the claim for reinstating interests and the legal system of electronic bills as our investigative subjects by the ways of comparison, induction and historical analysis.The abstraction of instruments is the soul of modern Negotiable Instrument Law, and it's able to guarantee the certain and the security of the right of instruments in the circulation and restrict the contradiction of the debtors so that the risk of legitimate holders will be reduced. The abstraction of instruments is recognized by Negotiable Instrument Law around the world However, there's always uncertainty in our law system. This fact harms not only the entire negotiable instruments in the legal sense, but also people's confidence on the security of the transaction. This thesis will, combined with our current situation, analyze the affection of the cause of instruments and make some legislative proposals for the abstraction of instruments situation in our country.The claim for reinstating interests is a kind of legal system that make the instruments holders can save their losses through the claim for reinstating interests in condition of over time or lack of security procedures. And so, it is able to promote the instruments'circulation by the way of increasing the holders'security sense and balancing the interest between the negotiable instrument creditor and debtor. However, both in the theory of Negotiable Instrument Law and in the practical sense, the provisions and the legislation about the claim for reinstating interests are not quite clear. This thesis will make some modification advices for Negotiable Instrument Law by discussing the true nature of the claim for reinstating interests, the way of enforcement, qualifying the parties and limiting the interest.There comes a brand-new "electronic bills" based on network and computer technology. Then there exists many disagreements between features of e-commerce like original copy, paper form, signature and the description in our existing law. Therefore, e-commerce can't be fully legal regulated in our country. And people don't trust the security of electronic bills. It will terribly limit the circulation function of instruments. Thus, to define the true content of electronic bills will be considered as the logical basis and start point in this thesis. The thesis will point out the necessity of electronic bills and make some legislative proposals for electronic bills.