Study On Relatively Abstract Principle Of Negotiable Instrument

Negotiable instrument is the earliest and typical negotiable security, and it plays an important role in accelerating commodity exchange rate, strengthening business credit, and quickening capital turnover. With ceaseless development of market economy in different countries, people have raised higher requirements for convenience and safety of various transactions, while negotiable instrument has satisfied such active demand and greatly promoted development of social economy via its strong negotiability endowed by abstract principle of negotiable instrument. Therefore, abstract principle of negotiable instrument plays an important part in free circulation of negotiable instrument. Based on this, various countries have acknowledged the abstract principle of negotiable instrument, and implemented it into their own negotiable instrument systems as a fundamental principle; good effect has been gained after implementation, and economic development has been promoted greatly. Abstract principle of negotiable instrument has already been the base of modern negotiable instrument system.However, in China, there still exists controversy in theoretical study on abstract principle of negotiable instrument, and the institutional norm for abstract principle of negotiable instrument is also uncertain. The reasons include:the first one is that lack of theoretical study on abstract principle of negotiable instrument has caused difference of cognition which leads to a lack of solid theoretical basis of constructing Chinese abstract principle system of negotiable instrument; the second one is that China is still in a economic transformation period, and many reforms at the institutional level are incomplete and too conservative, which has caused ambiguity and self-contradiction of negotiable instrument law in China for abstract principle of negotiable instrument. Faultiness of abstract principle system of negotiable instrument has brought a great obstacle for free circulation of negotiable instrument, restricted various functions of negotiable instrument, and hindered development of Chinese economy to some degree.Under such situation, it seems quite necessary to study abstract principle system of negotiable instrument. This paper deepened our cognition for abstract principle of negotiable instrument, reconstructed main contents of the theory of abstract principle of negotiable instrument, and tamped the foundation for study on abstract principle system of negotiable instrument, by re-explaining the concept of abstract principle of negotiable instrument and analyzing the foundation and contents of abstract principle system of negotiable instrument. By inspecting foreign legislation of abstract principle of negotiable instrument, this paper analyzed the system, broadened the horizon, and provided beneficial reference for improvement of Chinese abstract principle system of negotiable instrument. Based on reconstructing the theory of abstract principle of negotiable instrument, inspecting foreign legislation of abstract principle of negotiable instrument, and analyzing main problems in Chinese abstract principle system of negotiable instrument, this paper provided some personal suggestions for improvement of Chinese abstract principle system of negotiable instrument.