Research Of Legal Remedial System About The False Loss Of Bills

The bill rights and bills are inseparable, and only actual possessing the bill, can exercise the right of normal. But when the Bill was lost by false, Bill right people whilst holding the Bill, still does not exercise the Bill right, pseudo journalists should prove the Bill recipients with priority judgment. The legal remedial system about the false loss of Bills are mainly as follows:during the public summons for exhortation to disclose to the Court their rights; in addition to ruling on the right to access to the courts and so on. However, many details of these system are unclear, incomplete and unreasonable, Such as to declared right during of provides not reasonable, and to pseudo reported bills lost behavior of sanctions hard operation, and mentioned litigation of nature not clear,plus and lack corresponding of criminal sanctions measures, not enough to against and sanctions pseudo reported bills lost behavior, caused in judicial practice in the appeared chaos situation, impact has law of authoritative, and solemnity, also led to has in everyday life in the pseudo reported bills lost of phenomenon increased. Therefore, in-depth research notes were false loss relief systems are of great theoretical and practical significance.The legal remedial system about the false loss of Bills needs to be improved. From the perspective of comparative law, experience of other countries and regions in terms of loss relief advanced legislative experience, combined with their work in a related case, through the analysis of the above issues, this article will present recommendations for perfecting the legal remedial system about the misrepresenting loss of Bills.This article has three parts:introduction, body and conclusion. The body is divided into five chapters.Chapter1Summary of Legal Remedial System about the False Loss of Bills, discussed the related concepts, causes and legal consequences, and detailed analyses of false loss of Bill.Chapter2The legal relief about the false loss of Bills in our country. From loss of ticket was false relief purposes, sanctions against the false loss of Bill, the Bill is lost by false three-pronged legal relief, discussed China’s current legal remedies of the misrepresenting loss of Bills.Chapter3The problems in the legal relief about the false loss of Bills in our country. This part analyzed the problems in the relief about the false loss of Bills mainly from five areas, the relief of the publicizing period, the problems in the public summons for exhortation for negotiable instruments before the expiry of the notice, the relief after the Ex-dividend judgment, sanctions on false notes, and practice analysis in the five areas.Chapter4Comparative study on the legal relief about the false loss of Bills. This part analyzed the legal relief about the false loss of Bills in other countries, and analyzed the defect of relief in our country.Chapter5Thinking of perfecting the legal relief about the false loss of Bills in our country. This part made recommendations on perfection of the legal-relief from five areas.