Theory Of Bill System

bill-plea system plays an important role in the law of negotiable instruments,considering that it helps to guarantee the safety of the circulation of bill and promote the development commercial credit. This article consists of four parts, that is, the summary of bill-plea, the classification of the bill-plea,the bill-plea restriction and counter-limitations on bill-plea restriction and the last one is,lawmaking perfectness.The thesis begins with the basic theory of bill-plea. From starting with the concept and characteristics of the bills, then to summarize the features and functions of the bills-plea. furthermore, the thesis states the base of legal philosophy of bill-plea system from the perspective of the value, of economy and of legal principle. So as to catch on the theoretical and logical significance for us, expecting to get a profound understanding of bill-plea system.Secondly, the thesis introduces the traditional classification of bill-plea, then to evaluate it. According to the general way, the bill-plea is divides into two parts, the bill-plea about object and bill-plea about person. It causes much trouble to define the belongings about object and person. Other latest ideas about the classification still have difficulty in making them understood. The author summarizes the advantages and disadvantages of the various classification criteria, to divide it into three categories, which are basing on the rights appearance of bill-plea, the declaration of intention of bill-plea and the relatively noncausative nature of bill-plea. Such classification reflects the characteristics of bill-plea which is expanded relating to the legal institutions, in order to fill the "category-space" which are ignored by the traditional classification of bill-plea.In the third part, the paper focuses on the bill-plea restriction and the counter-limitations on bill-plea restriction. The writer systematically introduced the lawmaking example of Bill-plea Restriction first. Through analyzing the lawmaking example of continental law system and Anglo—American law system and combining our country lawmaking, the writer thinks what our country adopts is the negative limited lawmaking example. This part later discusses the content of bill-plea restriction system,meaning while, analyzing the counter-limitations on bill-plea restriction which surrendering with malicing bill-plea.in the last, Compared with bona fide acquisition of bills system and bill-plea restriction system to sum up the similarities and differences between them, in order to view over bill-plea restriction and the principle reflected in the bill-plea structure designing.The last part, on the foundation of the above-mentioned treatise, aiming at the drawbacks of bill-plea system by tightly analysing, the writer put forward to suggest the provision of law of The People’s Republic Of China on Negotiable Instruments being more scientific and reasonable.