On Construction Of China’s Legal System Of Electronic Bills

In recent years, with the demand for market economic development and the computer network technology which is so popular in the electronic bill business, a new means of payment will be born at the right moment. The electronic bill itself having a lot of advantages makes it become an inevitable trend of development, but at present in our country, people’s social cognition of the electronic bill is relatively low, and there is nothing to clear standards as the same as the paper bills, at the same time, bill as a high-tech means of payment, the electronic will meet possible legal risk such as viruses, hackers and other economic fraud tort cases in the realization of the creditor’s rights. At the same time, as the real entity, the commercial bank between customers will have interest dispute when they use the electronic. For example, it is very difficult for the electronic bill customers to obtain evidence, so as to the electronic bill customers’ legitimated interests is hard to be maintained. Therefore, there will be a lot of in the development of the electronic in our country, all of these obstacles and legal risks would need electronic bill law system to ensure and to prevent. But at present in our country, it lacks clear electronic bill legislation, there only have" bill of the people’s Republic of China"(in the following text referred to as "law of bill") in our country, and it has no clear legal status, which is hard to meet the need of electronic development in our country. Therefore, the author thinks that, constructing a suitable electronic bill system to meet the development of our country’s electronic market is indispensable.In the following paper, the author intends to start from the concept of electronic bills, following as the logical structure what, why, how to do, with the electronic bills’ advantages and characteristics itself, analyzing the differences and the similarities existing between the electronic bill and the traditional paper bill, with the necessity and feasibility of our country’electronic bill law system at present, summary the theories of our country’electronic bill law system building, put forward the three kinds of models of the electronic bill law system construction:first, making a specifically law; second, plus a separate electronic bill chapter in our current " law of bill"; third, amending the current "law of bill ". Based on the analysis of three kinds of electronic bill law system buildings, with the analysis of the advantages and disadvantages of the three models and characteristics of the electronic instrument, combined with discovery between the traditional paper-based bill and the electronic bill, they are intrinsically linked in the aspects of nature just changed in the carrier medium, from the paper medium into the form of a data message, trading platform to network bank, with the change of the related subject bill of rights and obligations and under the premise of the current law, the author adopts the third mode of law construction, and draws the successful model form the foreign electronic bill legislation, and puts forward some measures to build the electronic bill law system:first, clear and ensure the electronic bill’s legal status in our country’s current " law of bill" to improve its social cognition, in order to make the electronic bill has a clear legislative base in the development of our country, and then promote the electronic bill’s development process in our country; second, clear and ensure related people’s rights and obligations in China’s current "law of bill" to make its legitimate interests can be protected; third, clear and ensure electronic bill’s related legal responsibility in China’s current "law of bill" to deal with the electronic instruments’ legal risk in our country.