Baye Classification And Its Application In Recognition Of Tax Policy Documents

With the continuous development of China’s economy, a negotiable instrument as a payment tool has also been more widely used. However, the loss of the negotiable instrument is also on incease. Losing a negotiable instrument means losing a warrant to exercise the rights on a negotiable instrument as a security with imbedded options and a presentment security. Therefore, the legal remedy for the loss of the negotiable instrument is indispensable. In fact, there is a system of losing of a negotiable instrument in the law system in different countries. The countries and regions of the civil law system adopt the systems of payment suspension at loss notification and public summons for exhortation, while the countries of common law system adopt the system of litigation. Our country assimilates the practice of the countries in the two main law systems. The system of payment suspension at loss notification, the system of public summons for exhortation and the system of litigation all together constitutes the system of losing a negotiable instrument and remedies in our country.In our country, before the implementation of the Negotiable Instruments Law, the remedies for loss of the negotiable instruments are’ payment suspension at loss notification’system written in the Banking Clearing Ordinance and the’ Public summons’system regulated in the Civil Procedure Law and Supreme People’s Court on Some Issues for the views of the Civil Procedure Law. The method of litigation is only an added-up remedy after the implementation of the Negotiable Instruments Law. These laws and regulations constitute the relief system of the negotiable instrument loss in China. However, during the long legal practice, we were constantly finding defects in the existing legal system, therefore, reconstructing our country’s lost negotiable instrument remedial system is completely necessary.As the negotiable instrument is a payment tool, Circulation is the vitality of it, and the reasonlessness of a negotiable instrument behavior is the warranty of the circulation. Based on the legitimate rights protection of the negotiable intrument’s holders when they claim loss,our country’s law provides that during the period of public summons for exhortation to transfer the negotiable instrument make the negotiable instrument behavior invalid, which is an obviously conflict of the negotiable instrument for no reason existence and which also seriously affected the function of negotiable instrument as a circulation tool. Therefore, the academic circles is widespread and think and should delete this provision now. this paper also supports the view.Beginning with the basic theory, comparing the lost negotiable instrument remedial systems in foreign country and in Hong Kong and in Taiwan by comparative analysis methods, the paper gives some suggestions for mainland to improve the lost negotiable instrument remedial system. First of all, we should update the theory of the lost negotiable instrument remedial system, which can contain the civil law principle of good faith, bona fide acquisition theory and the theory of quasi-possession claims; Secondly, we must expand the application range of the system of payment suspension at loss notification and make all negotiable instruments which are protected by the Negotiable Instruments Law be protected by this system. Taking into account the equal status between the parties, we can create a guarantee system to protect the interests of the payer; Again, according to the type and duration of the negotiable instrument, we can flexibly adjust the public notice period. We should confirm the effectiveness of the negotiable instrument behavior during the public notice period,and specify the effect of Ex-rights judgment in the law, which the applicant could request the payer to pay the losing ticket after the Ex-rights judgment and the applicant can take litigation if their requsition was rejected. Besides, we can add provisions about guarantee system and deposited system to the system of public summons for exhortation; Finally, we should improve litigation system in such areas which contain the subject of proceedings, the scope of claims, litigation evidentiary requirements and litigation guarantee.