Discuss The Endorsed In Blank

Since the reform and opening up, along with the establishment and development ofmarket economy system in our country, negotiable instruments began to rise in our countryand develop. Over the16years from "negotiable instruments law of the People’s Republic ofChina" to today, the market economy in China has developed rapidly and negotiableinstruments is increasingly becoming an indispensable tool for transaction, credit, financing.Liquidity is the main characteristics of the negotiable instruments, and transfer includingdirect delivery transfer and transfer endorsement works as its basis. negotiable instrumentscirculation is mainly through the endorsement assignment. Endorsement is one important wayfor all securities rights transfer, and endorsement transfer includes two transfer mode:endorsement to order and blank endorsed. Our country uses the endorsement to order,although legislation has not admitted the blank endorsed way, for many reasons in the processof negotiable instruments transfer endorsement there appears a large number of blankendorsed. So a series of related problems that is related to blank endorsed emerged. Theseproblems in the practice of blank endorsed are just the problems that are difficult to deal withat present in our country.Under this background, through the analysis of blank endorsed classic case this paperdraws three focus, that are the effect problem about blank endorsed, the added right aboutblank endorsed and the continuity of blank endorsed. This paper will analyze the three focusproblems, get the conclusion on this basis and put forward some suggestions to perfect ourblank endorsed system, in order to enrich our blank endorsed system theory. The concretestructure is as follows:Firstly, this paper introduces the basic situation of the case.Secondly, this paper puts forward the dispute focus, that is the validity of the blankendorsed, added right problem of blank endorsed, the continuity of blank endorsed.Thirdly,analyze the dispute focus. On the analysis of the legal theory combined withcase, study the case part by part thoroughly. In the part of the effect of blank endorsed, firstly,it analyses the article30of the “negotiable instruments law” and the article49of the“Negotiable instruments law judicial interpretation”, and then on the basis of the analysis ofthe case,it analyses the validity of the dispute draft. In the part of added right of blank endorsed, how to added the continuous blank endorsed negotiable instruments is the key tothe analysis of the cases, and then review the appellant to blank endorsed negotiableinstruments of supplement. In the part of the continuity of blank endorsed, the most main ison the basis of the article49, points of different situation to recognize the blank endorsedcontinuity. Based on this analysis analyses whether the blank endorsement is continuous inthe case.fourthly, based on the analysis of the above comprehensive evaluation case, it putsforward some suggestions about how to perfect our country’s blank endorsed system.