Study The Legal Liability Of Payer In Bill Forgery And Alteration

Abstract:The current laws and regulations of our country witch are related to the legal liability of payer in bill forgery and alteration have the flaws of contrary to the basic value of law or conflicting each other.This kind of legal flaws not only influence the efficiency of bill circulation but also damage the effects of justice and legal authority. Therefore, we need to explore the legal liability of payer in bill forgery and alteration, define the nature, recognition and specific commitment of payer’s responsibility. Ensure the realization of the fuction of bill and basic value of law by improving the specific legal provisions.There are five parts in the article, In addition to the introduction and the peroration.In the first part, The author introduces the concept of the bill forgery and alteration, then analysises the payer’s liability in bill forgery and alteration by distinguishing different types and points out that " In the forged drawing, if the payer manages the wrong payment for the invalid bill with forgery signature in when existice a payment contract between the payer and the drawer, It can form the contract violation, the breaching party by means the payer shall bear the responsibility for damages. In the mean time, In order to protect the circulation of the bill and the transaction security,the payer shall not confrontation goodwill bill holder. The payer shall take the risk of getting back the losses form forger by ownself. In the indorsement forgery or alteration of bill, because of the reason that the bill has no reason and the payer is only responsible for formal examination liability, so the payer take the responsibility in the condition of having Intentional or gross negligence.In the second part, it mainly analyses the character of the responsibility of payer of different circimistances. In the author’s opinion, the payer shall assume the liabilities for breach of contract and it should applicate the principle of liability without fault in the forged drawing. The payer shall undertake infringement responsibility and it should apply the principle of fault liability in the indorsement forgery or alteration of bill. In the third part, the author focuses on identifying the liability of payer by analyzing concretely the review of obligations of payer, the definition of" significant negligence " and constitutive elements of payer’s responsibility.In the forth part, it mainly analyses the concret responsibilities the payer should take. In the author’s opinion, In the forged drawing, the payer mainly takes the responsibility of compensating for the actual loss of drawer. In the indorsement forgery or alteration of bill, if the payer has subjective malicious or gross negligence, the concret responsibilities would be compensating for the losses of the drawer or fulfilling the payment obligations to the rightful bill holder.The last part, the author reviews the current construction of bill law system in order to find out the flaws it has in the area of the legal liability of payer in bill forgery and alteration. In the end, to solve these problems the auther gives some concret advices like adding or modifing the legal provisions.