Bill Wuyinxing Of Exploration

The so-called abstraction principle of negotiable instrument,is not a negotiable instrument issued without any reason,but the negotiable instrument’s relationship (also known as negotiable instrument’s rights and obligations, it is based on the paper ’s conduct legal relationship of debt. Note the theory has profound economic reasons, along with the continuous development of the commodity economy emerge as the times require, but also because of rights and creditor’s rights because no theory extends the results of. It is the earliest by German Historical School of law author, famous Rome jurist Savigny in" modern Rome law system" put forward in one book. The negotiable instrument because of the natural theory essence is the reason of relationship with negotiable instrument’s relationship separation, " negotiable instrument’s relationship with negotiable instrument relation contact occurs only in the negotiable instrument cause relations, in negotiable instrument capital relation and negotiable instrument pre-engagement relationship without contact". Therefore, the note for no reason to produce the important legal effect is:once the negotiable instrument a causative relationship is invalid or revoked, Negotiable instrument relationship may survive. The negotiable instrument is to adapt to modern social economy developed a form of securities, which can meet the various transaction convenience and safety requirements, and by virtue of its powerful circulation function, greatly promote the rapid development of financial trade. And the realization of the notes a strong liquidity function is the key to ensure the negotiable instrument itself without reason, namely the negotiable instrument circulation to cause effect relationship. The negotiable instrument is due to will greatly limit the negotiable instrument circulation and trade expansion. However, negotiable instruments due is not absolute, relative of. Absolutely without reason can lead to the loss of negotiable instrument transaction security. Therefore, all the countries in the world are in the legislative recognition of negotiable instrument due to the principle of at the same time limit due to the principle of the application.Compared with western developed countries, our country started late negotiable instrument legislation. China’s legal system of negotiable instruments hand clearly stipulated negotiable instrument the cause of, adhere to the negotiable instrument transaction should have a genuine trading background; on the other hand also stipulated negotiable instrument plea cutting system, recognition of negotiable instruments without reason. Such legislation conflict phenomenon all over the world and the trend of legislation is not consistent, or to the rapid development of financial market in china. In view of this, the author thinks:first of all, should be clear in our country the negotiable instrument relativity WuYinXing principle; secondly, in the legislative purpose clear relative note due to the principle of the negotiable instruments law, modified" Tenth article" the provisions of the legislation, to eliminate the conflicts and contradictions. Finally, improve the negotiable instruments defense system, in order to make up for lack of the negotiable instrument system.