The Analysis Of Related Legal Issues On "a Case Of A Company In Shijiazhuang V. A Company In Xinji On The Right Recourse Of Negotiable Instrument "

Bills paid as a commodity economy, credit instruments, along with economicdevelopment has been in daily life and essential trading activities, while the bulk of thepromotion of trade and improve transaction efficiency plays an important role. NegotiableInstruments set up, aimed at the high-security bills in circulation, give full play to the role oftrading tools, and its various systems are also designed around this purpose. However, dueto the late start of China’s paper market, the relevant legal instruments applicable time is stillshort, in the face of rapid economic development bill, some of the early problems notenvisaged legislation began to appear in various systems inside the Negotiable InstrumentsLaw applicable in practice uncoordinated, does not match the beginning to show how to dealwith these new situations, how to identify the problem and how to balance these controversialpractices applicable to each coordinate system, the key to a smooth and easy flow of bills toclear obstacles.In this paper," a company in Shijiazhuang v. a company in Xinji recourse dispute " realcase, for example, to explore the Negotiable Instruments Law is an important institution-practical application of recourse system. Recourse is following the right to demand paymentof the second order right notes, in the case of payment claims are not achieved, the holder canexercise the right of recourse in accordance with procedures to guarantee payment in theperformance of certain security procedures people with recourse amount, interest and relatedcosts. Under the system, enrich and protect the rights of the holder of the notes, bills tostrengthen security, promote the circulation of notes. Negotiable Instruments of recourse forthe relevant regulation, including recourse to exercise the body, the subject of the program,substantial elements, form elements, etc., but in reality the case, in addition to exercising theright of recourse of the internal elements of the system, but often also there are other externalfactors emerge, then the situation recourse system and other systems applicable cross occurs,then how to identify the relationship between these factors and the intervention will becomeexercisable recourse recourse to resolve the dispute can not be avoided. On paper, the case ofthe disputed issue by finishing summary will focus on whether the special factors involved inthe exercise of the right of recourse to block Elements, made recourse notes and billsdiscounted lift exercise, forged or altered bills, bills criminal special issues involved in therelationship between crime and other factors. Use case analysis, comparative analysis,regulatory analysis and other research methods to analyze recourse to exercise institutionaltheory point of contention case, summed up the various doctrinal views held on thecontroversial issue, compared to the Anglo-American system and the Geneva NegotiableInstruments Law of Negotiable Instruments legislation and practices in different orientationsDepartment analyzed the legislative status of bills on contentious issues related to theevaluation and authorization. Meanwhile, issues related to the analysis of the case, summedup the process of thinking finds discovered deficiencies in the system and the existence ofinadequate legislation, make recommendations for improvement. In this paper, theintroduction and conclusion, the text is divided into three parts:The first part describes the case and the focus of controversy. This part of " a companyin Shijiazhuang v. a company in Xinji recourse dispute " for the proceedings of the case and introduce and summarize the focus of dispute between the parties;The second part of the focus of the case involved in the legislative and theoreticalanalysis, by comparing the Geneva Negotiable Instruments series and different orientationsand specific legislation Negotiable Instruments Department of Anglo-American practice,combined Negotiable Instruments Law and related rules and regulations of each country anddoctrinal home views on issues related to the exercise of recourse involved, such as theplaintiff in this case whether the accused person is a legal recourse recourse people, billsdiscounted with recourse to lift relations exercise, notes forged or altered with chase relationsexercise of the right cord, notes the relationship between crime and criminal recourseexercised such a theoretical analysis and methods of analysis, results found for the evaluationand dispute case processing issues;The third part of the case analysis, the process of identifying and solving thinking, finddefects case involves systems and related legislation, put forward suggestions forimprovement and measures, including: a clear legal bills discounted properties for sale andpurchase bills, introduced repurchase request the right to protection of rights and interests ofdiscounting, discounting the obligation to review the provisions of the human form, the billof a counterfeit ticket forgery and falsification endorsement regulations distinguish two cases,forged endorsement under the circumstances given explicit protection bona fide holderexplicitly and appropriately increase the forged endorsement forged directly FLAC riskliability case.