Research On The Related Legal Issues Of Electronic Commercial Draft In China

It has been seven years since the electronic commercial draft came into being in China.With the joint efforts of the relevant departments of People's Bank of China and each commercial banks,the electronic commercial draft business has replaced part of paper bil'l business,and has been gradually accepted in practice.However,the electronic commerce begins relatively late and develops very slowly in China.This is more obvious during the development of the electronic commercial draft in the practical application.Besides,it is restricted by current legal norms of bill,which seriously influences the application scope and acceptance of the electronic commercial draft in China,so its development doesn't achieve its desired effect.What's more,a series of legal problems,existing in the process of operation and needing to be solved immediately,restricts the promotion of the electronic commercial draft system and the related bill business developing smoothly.Therefore,it is necessary to explore and discuss this issue pointedly based on the current legal problems,thus achieve the factual effect of enriching the theory and promoting its practical use.Based on the differences between the electronic commercial draft and traditional bill,this paper firstly employs the method of compassion to compare and analyze,then figure out the problems.Meanwhile,it combines the latest case happened recently,and discusses these problems in details.The imperfection of the corresponding legal norms,how to do after losing the electronic commercial draft and the lack of the supervision greatly prevented the electronic commercial draft from spreading and applying.Secondly,this paper examines the related laws in other countries,regions and international organizations,and attempts to find out some points that can be referenced.In order to analyze and solve the problems,the last part of this paper is the legal thinking for developing the electronic commercial draft in China.The corresponding legal norms should be perfected in order to make the electronic commercial draft suitable to current legal norms.Each parties should be supervised to enhance the security of the electronic commercial draft.Legal liability of each parties should be determined in order to eliminate the owner's worries without any solution after losing the electronic commercial draft.