Comparative Research On Legal Problems Of The Non-causa In Bill

With the development of social economy, the negotiable instrument play a more important role in holding pay, remittances, credit, financing and so on. Bill should be a Courier without Luggage. We must establish non-causa in bill to promote circulation. Non-causa in bill has its deep economic root and legal root, has the incomparable advantage,it takes an important part in the economic life. We should notice that the non-causa in bill does not mean that the generation or transfer for no reason, but the basic relationship and bill relationship between the separation of technical, their validity don’t influence each other; the non-causa in bill is based on the independence of bill relationship; but the non-causa in bill is not absolute,it should have the exception.The Bill law is an important law which adjusts the market economy life. The non-causa principle in bill is established all over the world, along with the developing of the international bill law unified process, but there is still some differences between the common law system and the Geneva united law system. The law legislation and practice in the world prove that negative non-causa in bill is not vital, only the non-causa system in bill can adapt to the economic life.When the economy was in transition,the bill law in our country was issued. Because the legislation denies the non-causa in bill, it is a target of public criticism. The bill law has many defects, such as loss the legislation idea, lack of scientific, too much regulations on the exception of the non-causa in bill,difficult for practice, abhorrent with the international legal. China is a member of the WTO for ten years, it is the word’s second largest economy entity replace Japan. It is urgent to set up a law system adapt the current economic development level. So we must amend and perfect the legal system of the bill as soon as possible.On macroscopic, we should establish the non-causa as the first aim in bill legislation, balance the non-causa in bill and the exception,as the fundamental purpose on promoting economic development; On microscopic, we should delete the rules which negative the non-causa in bill, provide defined the exception of the non-causa in bill, have specific provisions on the law responsibility, clarify the commercial banks’obligation.