The Difficulties And Improvement Of The Public Summons For Exhortation System In China

The system of public summons for exhortation are stipulated in the chapter18ofcivil procedure law in our country, the six articles are important remedies for the lossof negotiable instrument. But due to the provision is too principle and simple, theyhave more defects, which lead to this process is difficult to give full play to its systemfunction. Many parties to escape debts and other illegal purposes, abuse of publicsummons for exhortation, and therefore lead to some difficulties in the trial practice.In this paper, as the judge assistant Binhu district people’s court of Wuxi, the authorhave involved in handling relevant cases in2012.Through these cases to show thatmany problems exist in the public summons for exhortation in China. To solve theseproblems, this paper combined with the comparative method and case, In view ofdoubtful point and the difficulty in the process that I help the judge to review anddrafting judgment, I analysis of legal interpretation and legislation, and explore theroot causes of cases, and based on negotiable instrument law and related rules andregulations, I calmly consider deficiencies and difficulties of approach that deal withsuch case in the judicial practice, and targeted puts forward advices andcountermeasures of legislation and judicial.This Paper is composed of6chapters, the main contents are five chapters,summary as below:The chapter I is “Basic explanation and rationale”, it mainly illustrate the keypoints of noun in introduction and body part, including the meaning, characteristic,function and significance of public summons for exhortation. In addition, it briefly described and notes concepts and elements of acquisition Invalidating judgment andthe bona fide Possession of the negotiable instrument. It is easier for the reader tounderstand, and reasoning laid the Foundation for the construction of the wholearticle.The chapter II is “Case shows that the status and dilemma of public summons forexhortation in our country”, It discussed the controversy and court’s decision to carryon the analysis and evaluation, And then drew the four major problems that exist inthe public summons for exhortation in China: review too loose, public notice period isnot reasonable, Invalidating judgment conflict with bill due date and bona fide holderwill fall into the predicament of the right remedy.The chapter III is “the other problem of public summons for exhortation in ourcountry”, There are two prominent problems at present: whether will produce adverseeffect that deny the bona fide Possession of the negotiable instrument; Invalidatingjudgment have already sentenced to force is not clear.The chapter IV is "the legislative perfection of public summons for exhortationin China" and the chapter V is "judicial Suggestions of perfecting our country’s publicsummons for exhortation ". based on the investigation to the foreign legislation, Ithink our country should further reference the legislation of other countries andcombining our country’s reality, in the relevant legislation and judicature, to payattention to the liquidity of paper, introduce the guarantee and escrow system,reasonable public notice period, Delete the relevant regulations that the instrumentwould be void if transferred during the term of the Public summons for exhortation,perfect the cancellation of the invalidating judgment system, adopt effectiveinnovation modes of publicity, Increase penalties to misrepresenting public notice.From these aspects, the public notice into a complete relief system should begradually improved.