The Protection To The Holder In Due Course In The Period Of Public Summons For Exhortation

The holder in due course is a legal possession who through the good faith system hold the rights on the bill.Although our country did not direct regulation the system of good faith,But it can be seen from the regulation of the negotiable instrument law article,the good faith system in China from the legal level,however,the civil procedure law,the terms of the public notice procedure,but ruled out a public notice during the validity of the instrument in good.The procedural law in a public notice system of substantive law to rule out of good faith in the system,not only makes the paper assigns in the process of circulation for a number of additional risks,and make substantive law on protection of holder in due course that position changed,is not conducive to the development of paper market.The article from the system construction,outside the method of comparison,in practice the operation of holder in due course during analysis our country public notice the problems existing in the protection,and puts forward relevant Suggestions,in order to note the interests of the system in the maintenance of the instrument at the same time,can effectively protect the rights of holder in due course,balance the legal status of the two,promotes our country paper safe and effective circulation.The first part of the article in a holder in due course and good faith system composed of theoretical analysis for the opening,comparing with the outside method,as well as the present paper sums up the relationship's practice exceptions to the good faith system,analyzes the paper relationships become a holder in due course will not be easy.The second part of the article discusses the public notice procedure of holder in due course legal status and the effect of analysis of the public notice procedure will cause the holder in due course dilemma in practice.On the one hand,it directly deprived of the rights of a holder in due course on an instrument;On the other hand,the aggravating holder in due course in paper,acquires a negotiable instrument in the process of holding and the risk and burden.The third part of the article analysis of the public notice procedure during the irrationality of holder in due course position.From the logical structure of legal provisions in our country,andcompared with the outside,from three aspects,including the public notice procedure of two stage do not have a unified legal consequences;The consequences of the transfer on the bill shall be void to holder in due course is overweight;In addition to the right of decision should not be deprived of holder in due course all rights on a negotiable instrument.The fourth part of the public illustrates in China within the period of the holder in due course for protection,by the study of unified legal system,put forward to determine the effectiveness of the system of good faith;To prevent malicious issuance application;Perfect except authority sentencing suggestion,in order to effectively protect the interests of holder in due course in our country.