Notes With The Real Ex-ruling The Relief Of Human Rights

Notes as a reflection of the rights of the carrier bills, notes and exercise of therights enjoyed by legally hold the Notes as a precondition. Today notes are widelyapplied to economic transactions, the liquidity of the Notes, non-sexual and othercharacteristics, destined notes in circulation during the inevitable emergence ofcirculation anomalies, such as bills stolen, lost, or the loss of situations frequentlyoccur, resulting in the loss of the holder the right notes. Of "law" loss remedies on theNotes to report the loss of the main provisions of pay, public notice and request forpayment of litigation three. However, in judicial practice, there have been forgednotes lost, malicious application ex judgments and other circumstances, also led to theright people have lost the real bills right notes, they suffered losses relatedconsequences. In this paper, the note is genuine malicious application after ex-rightsholders rights judgment a case as a starting point, the parties in the rights of the legalissues encountered in the process, and the judgment of the Court such cases theanalysis put forward their own views.Articles addition to the introduction and conclusion is divided into the meritsbrief case the focus of controversy legal problem analysis, conclusions, andjudgments about the bills System of four ex-majorities.Case Description section is mainly through the "up to foreign companies applyfor ex malicious judgment, resulting in the loss of the right notes Huafeng Company"This one case analysis of foreign companies from the defense in litigation, Huafengcompany’s claims and the trial of the case court decision result, leads to cases ofcontention, the focus of controversy for a brief description of the case.Case analysis section the focus of controversy legal issues of dispute focus fromtwo aspects is analyzed. First of all, according to China’s relevant laws and legitimaterights of the holder and the real requirements of the case legitimate holder of the legalbasis for a qualitative analysis; secondly, the case of first or second instance courtjudges and referees reasons were based on analysis.Some conclusions from the subject of proceedings to plead the judgment, billscharacteristics and other aspects of the present case, the real rights holders-Oweninfringement complaint filed more favorable rights were demonstrated, while themain body of the infringement complaint filed-the real malicious ex right conditions for eligibility analysis.Judgment System on bills ex thinking part, the author appeared for the casepresents several problems and their corresponding solutions in order to be in the billwhen the malicious ex, real rights holders have a clear legal basis for the defenders,but by improving the ex-ruling regime, to a greater extent human rights protection billreally.