The Research Of Public Notice System

With the development of economy and the increasing perfect of electronic information system, bill, such as draft and check, is playing an increasingly important role in the field of social economy, especially in commercial transactions,bill is more frequently used as an important means of payment. Meanwhile, it also brings risks, especially the loss of bills makes the number of bill dispute cases increasing. So far, Our relief measures about the lost bills includes report payment, public notice and common action. However, the main measure is public notice procedure. Therefore, our civil procedure act sets public notice procedure in the form of discussed, including the remedial measures of loser preservation and rights regain after the bills is lost. Because of its simple principles and settings, many defects are produced. That makes this process hardly plays its proper system function. In order to escape debts or illegally obtaining bill fund and other illegal purposes, quite a few parties abuse public notice procedure. Court faces all kinds of difficulties when hear such cases, the results of judgments from each court are not the same. This article treats the dispute case between Jialin Company and Qingjian as the pointcut, analyzing the defects of our notice procedure in the public, and putting forward the corresponding perfecting suggestion.This paper is divided into four parts: the first part is the basic details of a case, making a brief introduction of the case and the dispute focus;the second part is mainly about applicants of public notice, surrounding the focus,namely is, whether Jialin Company has the right to apply public notice, and after the revocation of invalidating judgment, whether Qingjian is entitled to the right of the bill, and whether the revocation of invalidating judgment of Jialin Company can be repealed, stating all kinds of the controversies and disagreements. The third part is about the related legal theory and the research conclusion, studying around the controversial focus of the case, explaining the applicants of public notice,in addition to the bill right of the holder after the invalidating judgment and the revocation at legal principle, then putting forward their own views and opinions, respectively is, Jialin Company has no right to apply public notice, and after the revocation of invalidating judgment, Qingjian is still entitled to the right of the bill, and the revocation of invalidating judgment of Jialin Company can be repealed;The fourth part is the research revelation, through the case study, the current existing problems of public notice system are found and the suggestion of perfecting suggestion are produced from law application and legislation, mainly including the applicants of public notice, the application review of court, public notice pattern, the revocation of invalidating judgment, the legal responsibility of the malicious applicants, as well as the other rights relief way of the final bearer etc.