The Research On The Legal System Of Rubber Check Prevention And Control In China

Issuance of Rubber Check is a commercial credit applied bank credit violations,not only undermine the credit of the bills, damage to the interests of the holder, butalso affects the stability of the financial settlement order, impede the development ofthe paper market and financial. Dishonored check is essentially a check for the lack ofchecks issued by the drawer financial relationship, its formation has a broad andcomplex reasons, the drawer of their own quality and the concept of factors, the law isnot perfect factors; social credit environment owe good objective reasons, enterprisesand the social responsibility of the financial industry, the lack of deep-seated reasons.Under the Note due to the principle of the Rubber Check still has a legal effecton the Law of Negotiable Instruments, the drawer shall bear a correspondingresponsibility on the instrument or civil liability, the administrative responsibility ofthe holder the right to have recourse to the drawer or indorser, compromised, can beinvestigated for dishonored checks issued by the civil liability. China’s legislationexpressly provides for the issuance of dishonored checks behavior of bills and legalresponsibilities to curb the spread of the pied piper to a certain extent, but did notachieve good control, the issue of empty promises phenomenon of repeated still.Strengthen effective prevention and control, the pied piper of great significanceto China’s social credit environment, the financial environment and market economy,rule of law. Legislation should be promptly improve the legislative provisions on theempty promises of legal responsibility and commitment, such as drawer and endorsercivil liability, but also to improve the administrative punishment on punishmentstandards, procedures, types of requirements strictly accurate for dishonored checksfor criminal responsibility requirements, and clear the responsibility of commercialbanks. In addition, the addition of a certified check and guarantee the payment system,improve the social credit system, increase the level of corporate financialmanagement, and supporting measures to strengthen financial institutions and socialsense of responsibility, effective prevention and control of the pied piper of Chinaalso has important practical significance.