Notes The Court To Freeze Bills Defenses Problems

Negotiable instruments counterplea, refers to negotiable instruments debtorsclaims of human rights instruments the plea, refuse to fulfill the debt instrumentsbehavior. In defense of negotiable instrument rights to the bill debtor, in order toprevent the illegal behavior, to protect the legitimate interests of debtors. Right of billdefense gave the bill debtor against the holder the right, to play a balance of debtorsand bills of rights and interests of right holders. Negotiable instruments counterpleanegative absolute bills without due to blindly emphasizes, negotiability, has extremelyimportant significance to bill financing security, reflects the civil law, the fair justiceprinciple. However, when we determine the bill deraignment necessity and rationalityat the same time, we must also emphasize the legality, the bill debtor exercise thecounterpleaing right must meet the legal requirements, otherwise, the bill rights not toreally guarantee. This article from the Shanxi province Yangquan City CommercialBank v. four the bill debtor of bill right infringement case entry, when the court GongQuanli in the bill the bill exercise and circulation were frozen, analysis of bill freezinglegal basis or validity, interpretation of the law school ’s behavior is in accordancewith the law, to explore the bill the debtor can exercise the counterpleaing right, theexercise of the right of defense and the defense is consistent with the spirit of the lawand the legal requirements.This text is divided into four parts, the first part is the case introduction, putforward the question. The second part is for the case of dispute, we find two focus,one is the court to freeze the banks have been accepted bank acceptance forcompliance with the law; the two is whether the case in the four defendants to bankacceptance bills by the court to freeze on the grounds of defence, as the two focus tosolve the case the third part and the fourth part. The third part is the provisions ofcurrent law, according to the circumstances of the case, the columns appear relevantprovisions of laws and regulations on the bill, freezing and negotiable instruments, toprovide legal support to solve the problem in the case of focus and. The fourth part is the analysis of the legal basis analysis instrument freezing and negotiable instrumentsor legitimacy, this part is the most important part of the full text, is the core part offocus to solve the case, this part of the analysis from three aspects, expounds the courtto freeze the bill is not based on law, the lack of the four defense base according to thecase.This paper selects the case, the court to freeze the circulation of the bills wereanalyzed, to explore whether its defense situation, has the vital significance. First ofall, in practice, by selecting the case study can be reference for law enforcementagencies to judicial organs, provide in the notes field ruling, intervention; also forwhen the public power into clearing areas, whether can cut off the bill rights, into therelevant legislation step clear has important implications for right of bill defense.Secondly, in theory, right of bill defense official or legal further reinforced by theanalysis of this case, the exercise of right of bill defense must meet the legalrequirements, in line with the spirit and the value orientation of the law; and for thefurther study of category and domain of negotiable instrument counterplea forenlightenment.