Study On Chinese E-commerce Draft Endorsement Rules

As people learn about the nature deeper and deeper, we human beings take advantage of tools from corporeality to immateriality. The development and application of modern science and technology, which are mainly represented by computers and digital networks, make people ’ s life from reality to the virtual world, which bring one of the new tools: the Electronic Commerce Draft, which is electronized from the traditional ones.Being different from traditional papery drafts, the Electronic Commerce Draft assumes data messages in physics. It needs the help of computers and network devices and can only be operated and used by means of the Electronic Commerce Draft. However, it still use the traditional draft theories as the logic support in laws. What’s more, the Electronic Commerce Draft has its particularity. Compared with the traditional papery bills, it has not only common features, but conflicts and challenges in application.As to endorsement system, the Electronic Commerce Draft is characteristically abstract, documental, formatted, independent, etc. The transfer endorsement of Electronic Commerce Draft remain the benefit of conversion privilege, certificate of right, security of right,etc. The rights and obligations of each party keep the same with the traditional papery bills. The characteristics adaptable are mainly the endorsement rules of the Electronic Commercial Draft, for instance, the written form, signature style, delivery mode, and so on. The conflicts mainly perform as the endorsement categories,the endorsement character, some special condition of fake endorsement making, and endorsement agent. Moreover, the Electronic Commerce Draft has some problems that papery bills do not, for example, the electronic certification, the running risk of Electronic Commerce Draft System, and so on. In terms of laws, first of all, the Negotiable Instrument Law has been set for a long time when there was no Electronic Commerce Draft at that time,whose relative rules are count to paper bills. As to the Electronic Commerce Draft, it obviously fell behind the time. On the other hand, the details of Administrative Regulation of Electronic Commerce Draft are too simple about the transfer endorsement. Therefore, how to fix the Negotiable Instrument Law, and how to make better transition between The Negotiable Law and the Administrative Regulation of Electronic Commerce Draft, are problems to be solved now.