The Research On The Remedies Of The Blank Note

Blank bill with the current voucher system type, set the right theoretical designdoes not meet at, but it was adapted to social reality, and to promote the smoothprogress of economic and trade, increase economic efficiency, so much the notesusers welcome, the performance strong vitality, recognized for our Law of NegotiableInstruments. Get more and more applications with the high level of economicdevelopment, blank notes, blank bills related systems such as the mushroomingbecome a hot issue of the Notes field.At present, the Negotiable Instruments Law and the judicial practice of thecountries and regions in the world have recognized the blank voucher system, and itscorresponding regulations. Negotiable Instruments is a high degree of internationalunity and highly technical legal, the current Law of Negotiable Instruments blankbills to take a strict limit attitude, does not recognize blank money orders and blankpromissory notes, and only provides the amount of the lack of notes and to pay theexistence of the payee blank check, blank bill needs the growing number of realitydoes not match, is not conducive to international legal standards, is not conducive tothe development of blank bills. Blank notes in circulation, if not out of the holderintended to lose, so in order to protect the notes for normal operation and safety ofcirculation, to avoid conflict of interest and disputes, relief should be the loss of blankpaper, to protect the loss of votes the right to bill. Therefore, the relief after the lossof blank bills become an important and practical research topics.Since the blank notes the loss of relief in-depth study as the starting point foranalysis, you first need a special blank notes.Coupon records from the point of view,the special nature of the performance of the blank notes in the notes the lack ofnecessary items recorded, and bills to sex does not match, but the legal recognition ofits existence. Negotiable necessary to inadequate recording of blank bills are still able to enter the circulation, to participate in trading activities. Speaking from the exerciseof rights on the bill, blank bill holder in complete accordance with the authorizationof its complement, the right to enjoy exactly the same with ordinary bills, notes, andnotes supplementary complete its rights and obligations dating back to the blank billsissued that the necessary items recorded supplement previously, under the signatureof the notes the relationship will be subject to the supplementary notes constraints.Inthis paper, the specificity of blank notes, blank bills with full securities, definition ofblank bills, supplement the right of the blank notes, blank notes for sale, andmeaningful analysis of the obtained blank bills in circulation to be in force effectivenotes.In this paper, particularity as defined in the blank notes, blank notes supplementthe right of the properties of the blank notes, blank notes, blank bills, transfer,analysis, drawn blank bill is negotiable in the future entry into force of unfinishedbills. On this basis, a detailed analysis of the application of the loss of blank bills afterbills remedies.Secondly, we must analyze the ordinary paper loss Remedy further analysis ofthese channels for relief for the loss of blank bills. Lost instrument in China with along history of traditional business practices, is a very convenient means of relief, myLaw of Negotiable Instruments inherited this historical tradition. The formula beingurged is a remedy mainly used in countries and regions of the Negotiable InstrumentsLaw Department in Geneva, while the lawsuit is mainly used by the Anglo-AmericanLaw of Negotiable Instruments countries and regions Remedy China’s Law ofNegotiable Instruments absorb and learn from these two channels for reliefrequirements, so that the loss of China’s legal bills relief ways to lost instrument, thepublic notice and the ordinary proceedings of three, the loss of the relief system.However, the current of the Negotiable Instruments Law does not regulate the way ofrelief to the loss of blank bills, practice, blank checks and notes held by the legal basisfor the loss of the bills, can not find relief, resulting in blank bills lost votes inpeople’s interests are not duly the protection of the formation of a chaotic situation.Analysis of more than several remedies, combined with the special blank notes, blankpaper loss relief in-depth research. In short, how the loss of blank bills for relief, and whether the provisions of therelief means perfect, relationship to the vital interests of the third person of the loss ofvotes and the goodwill related to the order of notes in circulation, stability andsecurity, and even the safety of the financial system, so,the author argues that our billlegislation and judicial practice should draw on foreign bills and legislativeexperience, as soon as possible to improve our voucher system, especially the loss ofthe provisions of the bills Remedy.