The Study Over Institution Of Claim For Reinstating Interest

Negotiable instruments is the product of the development of commodity economy and is applied as an important tool for the modern market economy. Negotiable instruments evolves from its simplest means of payment to a complex of payment, settlement, financing and credit and other features. This characteristic allows negotiable instruments to play an increasingly important role in international economic activities. Therefore, the theoretical study of Negotiable Instruments Law has put forward higher requirements for Chinese scholars. The set-up of claim for reinstation interest, based upon the principle of equity, is an important institution to remedy the loss of the right to the negotiable instruments, thus it is apparent that scholars should pay more attention to the study of this institution. This paper concentrates on the theme of institution of claim for reinstating interest in China, take the analysis of relevant laws and regulations as the starting point and learns from some other countries to discuss the nature of claim for reinstation interest and its relevant principles of law.This paper demonstrates comprehensively claim for reinstating interest with the usage of the enumeration, comparison, theoretical analysis and other methods. The paper has five parts:In the first part, the author cited the use of comparison and comprehensive analysis of the methods to explain the reason,and that the interests of the return of the right system settings for the relief of the right holder of the instrument is the right to eliminate the loss of paper, balance the interests of notes between the parties.PartⅡsets out the nature of claim for reinstating interest. The author analyses different views of scholarly factions comprehensively, combined with the available principles of law, to enhance reader's understanding of its nature,Is the unjust enrichment claim. And the author uses methods of structural analysis to demonstrate this point of view to allow readers to have a better understanding of its nature.The third part is to analyze important components of claim for reinstating interest. The author demonstrates important components of claim for reinstating interest one by one. Besides, the author also analyses the right to eliminate the conditions and related issues and negotiable instruments acts of all major countries and its related problems.The fourth part discusses problem in exercising claim for reinstating interest. The author's analysis is carried out from two perspectives, one from the angle of law exercise, Claim that the interests of the interests of the return of the return of the scope of the exercise of the right way, their ways of accountability problems; the other from the angle of right of appeal, Summed up the interests of the claim for restitution statute of limitations, jurisdiction, the burden of proof allocation of the objection to these aspects. hoping claim for reinstating interest can be widely used in practice.PartⅤstudies the claim for reinstating interest in China. The author analyses the value of claim for reinstating interest in China and sets out the reasonable and unreasonable factor in it. At the end of the chapter, the author has put forward advices for improvement.