Research On Legal Problems Of Bill Simple Delivery Transfer

Along with our country market economy height develops, drafts, promissorynotes, cheques and other negotiable instruments widely application and development,in the social economic life play other instruments irreplaceable role.The bill practicedevelopment gradually beyond the current bill theory and bill legislation, particularlywith mode of delivery of negotiable instruments are widely used, has greatlypromoted the bill circulation, active in the bill market.Bill "simple delivery (SimpleDelivery)", refers to the bearer bill rights to transfer for the purpose of, not byendorsement and the paper directly delivered to the transferee of bill right transfermode.Through this transfer method, transfer of possession of the holder of bill right,only delivers bill to others can, need not do any documented in notes.The bill transferpeople, not only can conveniently realize the rights to the instrument, but also canavoid the notes bear the responsibility; the bill transferee, advantage is due to thetransferee is blank endorsement, and has flexible selection and transfer opportunities,disadvantage is the weakening of the bill debtor in negotiable instruments lawguarantee, the safety is relatively poor.According to our country present bill, simple delivery transfer was notconfirmed by the law of bill right transfer mode, to the extent that this transfer methodand bill law should embody the protection bill security legislation original intention isviolated.Simple delivery transfer contains many risks and hidden trouble of safety, appear in practice a lot of private bills discounting, malicious public exigency of bonafide acquisition, inadequate protection, flood refund disputes and other issues, and thesimple delivery transfer behavior lack of legal norms exist have all kinds ofconnections with contact.This paper aims to solve the problems existing in the current negotiableinstrument, from the standard bill simple delivery transfer seeks the solution path.Thefirst part leads the current bill market reflected the and single transferable by deliveryrelated four problems; second part according to the law of bills of international theory,from the angle of theory of simple delivery transfer behavior analysis; the third part ofthe extraterritorial, domain bill simple delivery transfer behavior legislation andjudicial practice in China empirical analysis; the fourth part puts forward the standardsimple delivery transfer behavior of ideas, focus on the angle of legislation, confirmthe effectiveness of simple delivery transfer behavior and the related systemspecification.