Analysis On The Forged Endorsement Of Bill

Since the birth of modern Western instruments and related economic law, it has "high liquidity" and "security". And then it plays an invaluable role in promoting development of economic, improving efficiency of market and protecting the security of transaction.Endorsement system is the soul of the voucher system while Endorsement counterfeit notes are carried out by people using fake notes of financial fraud. The business leaded to the first consequence is that people did no trust each other and then human defended this distrust. The final is that people acted unethically to achieve the immoral purpose. Forged Endorsement will disrupt the order of normal trade on the market of bill. When the forger transfers the bill of forged endorsement to the next people, if he escapes and hides himself or has no property to undertake his due obligations, then next people should be how to protect his legitimate rights? Payer does not completely fulfill the strict obligations to review whether he should take the responsibility? How to solve this question that the bill of forged endorsement was a conflict of interest with the original bill of rights between people? Negotiable Instruments must answer this question. However, "Negotiable Instruments" of China is not very well with the combination with national conditions of China in the development process. It fails to make a complete answer above this questions. This article adopts the case study method, historical research methods and comparative research methods and wants to present suggestions about these questions.The one part of the article that I select a bill about forged endorsement leads to the problem which I want to explore the case of counterfeit Endorsement Elements. Then I define the meaning and the structure about the Endorsement counterfeit of bills. I also compare all kinds of behavioral problems of bills and research the study mode of Endorsement forgery, making the concept clearer.The second part of the article mainly discusses about the responsibility of the Endorsement forgery.I carries out the effectiveness of Endorsement forgery in detail to analyze the people if he who is goodwill acquires the bill. This part also discusses about payer whether to assume payment responsibility.The third part of the article is the responsibility of the theory of the Origin of the Endorsement forgery and provides new understandings of "Negotiable Instruments" of China based on the kildor-hicks theory、taking responsibility theory and loss sharing theoryThe fourth part of the article review the "Negotiable Instruments" in the actual legislation, while comparing about the two legal issues of Endorsement legislation of Endorsement forgery. And I finally raise targeted recommendations of Endorsement forgery about our country.