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Study On The Construction Of China’s Legal System Of Electronic Bills

Posted on:2016-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:R X MiaoFull Text:PDF
GTID:2296330470478701Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the rapid development of electronic bill business, expanding the scope of business, trading volume continued to increase. In the development of electronic commerce in the background, with the characteristics of convenience, safety and controllability, plays a great role in our daily life. However, with the development of electronic bills which are incompatible with China’s relevant laws and regulations is relatively small, the development has lagged behind the electronic bill, electronic bill many problems in reality are unable to find the corresponding solution on the basis of. China’s "negotiable instrument law" provisions of the bill only include draft, promissory note. As for the concept of electronic bills, not only the law does not clearly defined, the theory has not formed the unified viewpoint. Also, there are a lot of conflicts with China’s current electronic bill "negotiable instrument law", theoretical study on the electronic bill is only in its infancy, which hinders the development of electronic instruments to a great extent. This makes the electronic bill in practice is essential, but not embarrassed. Therefore, the establishment of the legal status of electronic bills, formulate and amend the relevant laws and regulations is particularly urgent.This paper is divided into four parts the construction problems of our country’s legal system of electronic bills:The first part is on the basis of the theory of electronic bills. First of all, through the comparative analysis of the relevant legislation at home and abroad, scholars in our country have different views, make a clear definition of electronic bills. Secondly, we summed up the characteristics of electronic bills. Again, the difference of electronic instruments and traditional instruments, and to explore the new development of the traditional functions of the electronic bill.The second part uses the analysis methods of summarization and comparison, starting from the United Nations, and Japan American legislation on electronic bills, investigation and analysis of the foreign electronic bill legislation, summed up the advanced legislation and legal system, in order to prepare our legislation for reference.The third part summarizes the legal obstacles I development of electronic bills, for the fourth part provide sufficient basis for the legitimacy construction of China’s legal system of electronic bills.The fourth part is the full text research is all about. This part, through the determination of our country electronic bill legislation, then put forward views to construct China’s legal system of electronic bills.
Keywords/Search Tags:Electronic instruments, Electronic data, Electronic signature
PDF Full Text Request
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