The Research Of Legal Remedial System About The Loss Of Negotiable Instrument

As we all know, negotiable instrument as one of set right and hint securities,when bill-holder loses his or her negotiable instrument though he or she is an ownerof the lose negotiable instrument, he or she can not exercise the right associated withthe negotiate instrument normally. So it is very important to create and perfect a legalremedial system about the loss of negotiable instrument, it can keep transaction ofnegotiable instrument safely. Now we can find relevant laws and judicial explanationsregulations and rules, but they exist some shortages, such as lacking definition of"loss of negotiable instrument”, remedial methods are impractical, how to improvepublic summons for exhortation system, how to keep balance of the rights betweenwho loses negotiable instrument and the holder in due course, maintain or abolish"common court method”. I intend to combine some new ideas from these two yearsnational annual meeting of negotiable instrument with my analyses, and, what’s more,giving some advises about revising "Negotiable Instruments Law of the People’sRepublic of China”. The thesis is divided in to3parts: Introduction, Body, and Conclusion,and the Body is composed of5chapters.Chapter1discusses what is the loss of negotiable instrument? At first, definingsome relevant concepts of the loss of negotiable instrument, such as, rights associatedwith the negotiable instrument, loss of negotiable instrument, the scope of people who loses negotiable instrument, then, concluding criteria which can confirm the loss ofnegotiable instrument and giving my own opinion.Chapter2concludes main remedial methods in our country. At first, putting moreemphasizing on the significance of remedial system, then illustrating3methods in ourcountry: issue the notice for suspending payment, public summons for exhortation,indict with the people’s court.Chapter3detects some problems in our remedial system. Discussing through3major methods and analyzing one by one, then, giving some hot topics both ineducational circles and practical circles in order to point out discussing way ofChapter5.Chapter4compares various remedial systems of negotiable instrument inadvantaged countries and regions. At first, illustrating law and regulations of remedialsystems of some countries and regions in Civil law system and Common law system,then, concluding their characteristic and giving my own view, preparing for giving mypractical opinion later.Chapter5points out ideas of how to perfect our remedial system. This is a corepart of the whole thesis; I intend to use various writing and research method toanalyze from educational and practical view. All in all, I think "indict with thepeople’s court “is not fit our country.At last, why I write this thesis because I want to revise some impractical articlesof law and regulations and rules in our country. But in consideration of the length ofthis thesis I only give my advices about how to revise articles in “NegotiableInstruments Law of the People’s Republic of China" and "Civil litigationLaw"<2007>(public summons for exhortation part).