Research On The Supplementary Right Of Blank Bill

Nowadays,Blank bill is recognized in negotiable instruments law system and judicial practice in most countries of the world.No matter in the theoretical research or in the system construction,the blank bill supplement right is the main part of the blank bill.Blank bill supplement right,is the drawer at the time of issuance leaves some items to be added by the holder in the future.Because of the economic rationality,the existence of the blank bill supplement right makes the bill trading more convenient,more conducive to the circulation of bills,so it's popular.However,the Chinese negotiable instruments law only recognizes blank checks,the lack of items only include the amount,the name of the payee.The simple provision is controversial in judicial practice,because it's unable to solve the increasingly complex legal relationship of the bill.At the same time,along with the development of the function of the bill financing,the blank endorsed bill also appears in practice,and there are a lot of disputes about the exercise of the right of blank endorsement.In order to make up for the blank of the existing system and solve the problems in the practice of negotiable instruments,This paper makes a comprehensive and systematic study on the right of blank bill supplement from the theoretical basis,legal attribute,acquisition,loss,exercise and legal effect of the blank bill supplement right,so as to provide some theory for the perfection of the blank bill system in our country.This paper consists of three parts: introduction,text and conclusion.The first part is the introduction,from the case study's perspective to study the lack of the law of negotiable instruments in china.,and analysis the theoretical value and practical significance of blank bills to supplement.The second part is the text,divided into the following four aspects:(1)the basic theory of blank bill supplement,including meaning,theoretical basis and legal attributes.According to the author's opinion,the blank bill supplement is right of formation,because it conforms to the its characteristics.(2)Withdrawal and revocation of blank bill supplement.Delivery is a symbol of the blank bill supplement.There are three kinds of legislative provisions: the explicit authorization,the implied authorization and the compromise.Due to compromise legislation adopts the long of the first two kinds,it should be adopted.The blank bill supplement can be withdrawn or revoked,as to whether or not to take back the blank bill,it's the drawer's freedom,but if not recovered,the drawer should bear the risk of non-benefit.(3)The exercise of the blank bill supplement.The main body of the supplementary right is the direct holder and other legitimate holder.The exercise of the right of supplement or not is the holder's right.If the holder exercises the right,it must follow the rules and there is a certain time limit.(4)The legal effect of the blank bill supplement.The blank bill can be transferred the exercise of the right.If there is a blank bill loss,the holder can stop payment,public summons or litigation.After the legitimate exercise of the right,the relationship is established.After the illegal exercise of the right,the drawer shall fulfill the obligation of the negotiable instrument,but can against the malicious or gross negligence of the holder and the person who improperly exercises the right of supplementary.The third part is the conclusion,the author puts forward four suggestions for the defects of Chinese negotiable instruments.