Research Concernig The Negotiable Instruments Bearing Forged Endorsement

With the rapid development of market economy, instruments has been widely used. It has the characteristics of strong liquidity and high safety. So that more and more people would like to use instruments. At the same time, the phenomenon of forging instruments is infested. In the process of instruments’circulation, endorsement is a particularly critical link. It makes efficient circulation of instruments. So forged endorsement is an important factor for destroying the instruments’circulation. It also lead people to reduce the reliability of instruments and decrease the use of instruments in market transactions. In Chinese academic field about forged endorsement, it’s still not enough in-depth studies on it. With the development and change of market economy, for some new problems, the existing laws and regulations are not perfect enough. In this way, the study for forged endorsement has certain value.This article has six parts in total, and the last four parts are the key parts. The first part is Introduction. It describes the article’s topic background briefly and summarizes related points about forged endorsement. The second part is Raise the problems of Negotiable Instruments bearing Forged Endorsement. Through analysising a case’s focus of controversy and decision, this article discusses the problems that raised in this case. The third part is The basic theory of Negotiable Instuments bearing Forged Endorsement. From the definition of forged endorsement to distinguishing with its similar concepts, from analysising the relation of related system to the recognition of forged endorsement, all of them are the basic theories for this article. The forth part is Bills Responsibility of Negotiable Instruments bearing Forged Endorsement. The article analyzes the force of law of forged endorsement behavior to related parties. The fifth part is Risk Exposure of Negotiable Instruments bearing Forged Endorsement. This part introducts the relevant theories, such as loss distribution theory, and the outside regulations, such as rules of continental law system and Anglo-American law system. Through comparative study, it is concluded that the defects and deficiencies of forged endorsement’s risk exposure system. Looking forward to improve our system. The sixth part is Improve the regulation of Negotiable Instruments bearingn Forged Endorsement. This part puts forward some suggestions about the protection for bona fide holder, forger and goodwill payer.