Research Blank Bill Lost Votes In Relief Practical Problems

The law system is definitely subject to the efficiency theory, therefore, efficiency is the axis around which law system operates. The generation and application of the incomplete instrument is a typical expression for the pursuit of efficiency in economic exchanges. There are strict restrains in Chinese legislation of bills, however, there still lacks some detailed regulations in this field. Bills stand a high chance of loss during the economic exchanges. As for incomplete instrument, it easily causes interest conflict and dispute due to its special attribute. Staring from the perspective of incomplete instrument research in judicial practices, the first part of the thesis comprehensively analyzes the force of law when it comes to bill loss. The second part discusses how HDC (holder in Due Course) is protected in remedy for loss of bill. The third section elaborates the remedy methods for loss of bill in the Chinese law, including loss declaration, the reporting for the loss for stop payment, public summon for exhortations, and common suit. To combine the experiences of overseas bill legislation and Chinese domestic bill legislation practice, the last section aims at perfecting the methods of bill loss, which is based on our Chinese actual condition.Meanwhile, it provides multi-angle and comprehension suggestion to report and stop-payment course, public summons for exhortation course and lawsuit relief.