Research On The Legislation Problems Of Electronic Negotiable Instrument

As one of the t payment instruments, the traditional bill is facing new challenges with the electronic trend of business and finance, which also brings new opportunities for the development of the bills. The ultimate goal of the bills’electronic process is the electronic negotiable instrument (ENI). Even, someone has predicted that the ENI will replace the traditional bills eventually, to become one of the best payment instruments in the future. Due to the special existence, the legal status of ENI hasn’t been admitted by any law. Additionally, there are many contradictions and conflicts on the operating rules and the parties’ rights and obligations between ENI and traditional theory of Negotiable Instrument Law, which are urgently needed to be solved by theoretical research and legislation.This paper is divided into four sections to study the problems of ENI’s legislation:Part one is the research of ENI’s basic theory. Firstly, make a clear definition of ENI from both the connotation and denotation. Secondly, analyze the conflict between ENI and the Negotiable Instrument Law. And then, study the further development of ENI’s function.Part two is the examination of the overseas legislation, using the induction and the comparative analysis method. And then, summary the advanced legislative technology and legal system of the United Nations, the United States, Japan and Taiwan, for the preparation of Chinese legislative reference.Part three is elaborating the legitimacy of the ENI’s legislation protect, including the legality, necessity and the feasibility aspects.Part four is the research focus of the full text. In this part, determine the appropriate legislative model of China. And, under the legislative principle’s guidance of safety, operability and compatibility, design the legal system of the Electronic Negotiable Instrument Law of China.