China Construction Seven Bureau And Modern Logistics Port Company Bill Dispute Case Legal Analysis

As an important part of the commercial law,the bill law plays an important role in the business transaction.With the development of the market economy,the bill has many functions,such as exchange,payment,circulation,financing,settlement,credit and so on.With the increasing scale of the bill business in China,the bill dispute has gradually increased,and the right of counterplea has become an important part of the bill legal system.The right of counterplea guarantees the interests of the debtor,prevents the abuse of the rights of the bill and realizes the internal balance of the system of bill law rights.This is a case type paper,using logical analysis,literature analysis,normative analysis and other methods,around in the building of seven logistics companies in Hong Kong v.bill dispute cases,the judicial present "negotiable instruments law" and the negotiable instruments law as the basis for the interpretation of legal analysis,from theory and practice.Detailed discusses the issues of defense right.The article quotes the corresponding provisions of bill law in China's bill law,and finds that the applicable rules of bill law on the relationship between bills and underlying reasons are not clear,and can not completely solve practical problems.This paper starts from the basic principle of defense right,analyze the difference and connection relationship between civil law and non negotiable instruments relations,analysis of legal reasons due to the occurrence of relationship between the bill parties directly causes the right of defense,as well as the analysis of negotiable instruments guarantee property problems,these are urgent problems in the theory of negotiable instrument law.Theory is the basis of law.Practical problems put forward new requirements to law and challenge theoretical study.This article will be divided into four parts to study and discuss.The first part is the introduction.This section expounds the background and significance of the topic selection,introduces the research status of the relevant bill defense right system at home and abroad,and the research methods adopted by the paper,and puts forward the innovation of this case study,which lays the foundation for the article's writing.The second part is the proposal of the right to defend the bill,that is,the case of the bill dispute between the seven bureaus of China and the modern logistics port and the issue of itsfocus.The paper introduces the case of the bill dispute and the first trial of the seven Bureau of China Construction in China.According to the facts and reasons advocated by the plaintiff and the defense reason of the defendant,the focus of the case is summarized.The focus of the dispute is: first,whether the default payment is established;secondly,whether the defendant's right to defend the bill is established,and whether the case is guaranteed.The third part is the substance of the right to defend the bill,that is,the question of the right to defend the debtor of the bill.In view of the focus of the case,the theory of breach of contract,the guarantee of negotiable instruments,and the reasons of the right of defense,which are directly related to the relationship between the parties,are analyzed theoretically and concretely.This part is the main part of the article.First,it introduces the basic theory of bill counterplea right.Starting from the difference between Bill defense and general civil defense,it summarizes the legal reasons for the exercise of bill counterplea right,and expounds the limitation and exception of bill counterplea right,and has a basic understanding of the right of bill counterplea.In second,please tell the original penalty problem,produce claims with the basic relation mainly from Bill relation claims of different,combined with the facts of the case,the plaintiff in the construction of seven that is the right of bill,the bill for rights disputes,the defendant is entitled to require the plaintiff company logistics port should be based on "notes law" put forward the rights should not confuse the two legal relations,liquidated damages claim of civil rights.From the perspective of bill counterargument,it is concluded that the plaintiff has confused the relationship between bill and basic relationship.The guarantee of the seven party in the plaintiff and the real estate company is also applicable to the reasons for bill defenses.Third,for the exercise of the right of defense can set up a problem occurs mostly through the relationship between the parties directly causes research of bill of defense and the right of defense,combined with the facts of this case,the logistics companies in Hong Kong and the original defendant as clearing parties directly causes of counterplea of negotiable instrument counterplea creditors should be supported.Finally,the property of this case is analyzed.This paper analyzes the difference between negotiable instrument guarantee and general civil guarantee,as well as the reasons for counterplea in bill guarantee,and concludes that the guaranty act in this case is not a guarantee of negotiable instrument.The fourth part is the inspiration of the bill dispute case.In view of the case focus problem,we summarize the theoretical and practical enlightenment from the case.In theory,the author proposed to retain the "negotiable instruments law" Tenth article on "bill behavior should follow the principle of good faith",delete "with the real deal the relationship between creditor and debtor,and the establishment of China's laws and regulations on Negotiable Instruments Law electronic bills and other fresh content.From the practical point of view,when the bill litigation is appropriate to determine the litigation request of the bill dispute,and the act of the bill should pay attention to the style and the meaning of the bill.