Research On The Legal Issues Of The Flaw Of Endorsement Of Bill

Negotiable instrument law of our country was began in the1990s, promulgated on May10,1995, and nine years later,it was promulgated anew on August28,2004. The new Negotiable instrument law plays a very important role to regulate the circulation activities and ensure to implement the bill of rights of the holders smoothly. It is promoting the development and improvement of the commercial legislation system in our country, and promoting the development of our socialist market economy. But the new revised Negotiable instrument law has been issued and implemented for nearly nine years, the changes in all aspects of the social in our country make it exposed some problems in the judicial practice, especially in one of the key links in bill circulation——endorsement, exposed many deficiencies and contradictions.Under the background of the rising of economic globalization, how to solve and improve a variety of flaws in negotiable instrument law in China about the endorsement activity, how to accelerate the speed of integrate with endorsement institution of bill and international bill system, is the key to promote the circulation of domestic and foreign bill circulation activities smoothly. From the flaw of endorsement of bill angle, this article attempts to classify the concepts and the types of the flaw of endorsement of bill, point out the deficiencies of the legislation institution and contradictions of stipulation of the flaw of endorsement of bill in new negotiable instrument law of our country, and on the basis of by introducing the domestic and foreign legislations and theories on the problem of the flaw of endorsement of bill, then, makes analyze on the issue of the flaws of endorsement of bill at the present stage in China, puts forward some suggestions suitable to China’s specific national conditions, to make up for the inadequacy of the current law stipulations, makes the stipulations more better.In this paper, the main structure is composed of introduction, text and conclusion. specifically, the text is divided into four chapters:The first chapter briefly explains the concepts and the types of the flaws of endorsement of bill.From the standpoint of the concept of the flaws of endorsement of bill, in the light of bill behavior theory, according to the defective substantial requirements and formal requirements of bill behavior, combs the divisions of the flaws of endorsement of bill in my own way, and introduces the concrete types and connotations of each category.The second chapter put forward problems of the flaws of endorsement of bill in our country. There are a lot of conflicts of the flaws of endorsement of bill in practice and theory, note scratch the endorsed in blank, the lack of legislation, the issuer of the forbidden transfer endorsement endorsement of any unreasonable rules, the transfer of endorsement endorsement after the conflicting rules and the contents and effect of unreasonable rules, a total of seven aspects.The third chapter is about foreign and China’s Hong Kong and Taiwan about endorsement flaws law comparative study. Based on different legal systems between different countries, regions and specific legal provisions on the endorsement flaw and the method of comparative analysis, points out its different advantages and regulations with our country, and the suitable stipulations and reasons for our country to adopt, for reference in the judicial practice and legislative activities in China.The fourth chapter is the focus of this article. Through to the second chapter puts forward seven system legal analysis, discussing the reasons of the unreasonable, and combined with the reasons for, respectively, puts forward the author’s suggestion. Specifically include established cancellation of endorsement institution and blank endorsement institution, unionizes the efficacity of non-endorsable endorsement,and conflictive stipulations of the negotiable instrument law itself, and the contradiction between the security law and its judicial interpretation provisions of unity. In addition, also suggest modify the limited capacity of an effective regulation, perfecting stage after the endorsement of the connotation and effectiveness of specific provisions.