On Perfecting The Public Summons System

With the development of the economy, paper as a means of payment is more and morewidely used, however, notes in the process of use will inevitably be lost. If the holder ofthe paper loses the note, it means that he does not have credentials for the right.Legalsystem every country all over the world in their legal has established the relief systemfor the loss of the negotiable instrument.In our country it has set up a public noticesystem as a relief system for the loss of paper.Public summon as a relief channels forrequire the people who has lost bills, you can apply to the People’s Court, People’sCourt accepted the appeal and sent out the public notice urging the bill stakeholdersreporting the rights on time,make ex-rights judgment, which makes the instrumentrights and the bill itself separated, the loser recovery the bill rights.In1991publicsummon was stipulated in Civil Procedure Law of our country.as a relief way for thelosing bill, it has some advance at the time and has a very important value, while due tothe restriction of economic development, the social life and the theoretical research andmany other factors, and there is some defects in the judicial practice.Chinese currentpublic summons system exists the following problems: the loser of the limited relief; theapplicable scope in public summons is too narrow; the scope of the applicant in thepublic summons scope is not clear; during the public summons the effectiveness fortransferring the instrument definite inaccurately; the invalidating judgment wascontradicted with the date for bill payment date; after the invalidating judgment thejudicial remedies for the stakeholders of the bills is limited. In this paper, through theanalysis of the above questions, referring to the relevant laws and regulations of othercountries or regions,I proposed the general idea to improve public summons in ourcountry,put forward specific suggestions to improve Chinese public summons system:increasing the relief means for the loser; broaden the scope of public summons;ascertain clearly the scope of applicant of public summons; during the public noticetransferred bills bona fide acquisition system; ascertain clearly the explicit cohesionbetween the date of payment of the bill and the invalidating judgment; increase theinvalidating judgment after Bill interested parties of the judicial relief way.bills increasethe judicial remedies for the stakeholders of the bills after invalidating judgment.