The Practice Study Of Bill Loss Cases

Financial instrument has arisen as one of financial instruments with the functionsof exchange, payment, credit and financing. The booming of negotiable bill fits thegeneral trend of the development of commodity economy. As one of the publicfinancial instruments accepted by the public, bill has become an indispensable part inthe daily financial life. However, electronic bill has not been implemented completelyon a national scale due to the limitation of our present economic conditions. Paper billis still the main form of financial instrument in the process of circulation. Therefore,the condition of paper bill loss often appears because of being stolen, robbed,damaged or lost.It is the Negotiable Instrument Law which plays a key role in maintaining thecommercial operation as one of the most important commercial laws. The formulationpurpose of the Negotiable Instrument Law is to regulate the behaviors of all kinds ofbills when they are flowing and to make the circulation smooth. Therefore, the rightsand obligations of the parties are changed if the situation of paper bill loss hashappened, with which the paper bill flowing are paused. It is true that there is lost-billrelief system in the Negotiable Instrument Law, but, after I contacted with a largenumber of cases in which there exist the fact of bill loss, I found the lost-bill reliefsystem can not protect the right completely. Instead, the bill loss cases have becomeone of the most difficult cases in the judicial practice because of the parties withmultiple identities involved in bill loss cases and the vague principle in theNegotiable Instrument. After consulting the relevant materials in mass different billloss cases, I found the research about these cases is not much. But in reality, it is very difficult for the courts the handle these cases.Therefore, I choose a special angle through which I study the bill loss cases.After consulting a large number of relevant content of bill loss cases around the wholecountry, I sum up the representatives cases from the perspective of judicial practiceswith the comparison methods. I found the reasons which make the judgments ofdifferent courts inconsistent,then I did the theoretical analysis according to them.I found there are three main reasons which make judgments of different courtsinconsistent in the bill loss cases. First,the theory of abstraction of bill does notconform completely. Second, the validity of simple delivery of bill in the NegotiableInstrument Law is not sure. Third, the content of the burden of proof rules to differentparties in bill loss cases is not clear.This article consists of four parts.The first chapter of this article is an introduction which recommends the originand meaning of this study, explains the research object and range, present the researchidea and characteristics.The second chapter of this article is a presentation, compare and analysis of fivetypical cases of bill loss, in which we get the summary of reasons of the chaos injudicial practices of bill loss cases.The third chapter is a theoretically analysis to the reasons of the chaos of thejudgment contents and results in different judicial practices of bill loss cases.The last chapter is a suggestion to the legislation of bill law, which based on theresearch of bill loss cases.