The Breakthrough And Perfection Of Electronic Bill To The Rules Of Traditional Bill

In recent years,with the rapid development of electronic bill business and the rapid increase of market share,electronic bill has gradually become an important payment and financing tool in the commercial activities of various countries.The construction of the unified bill trading system provides a platform for the development of electronic bills.The relevant electronic bill trading rules include The Electronic Signature Law and its supporting rules,The Regulations for the Administration of Bills Trading,and the Rules for the Trading of Bills on the Shanghai Stock Exchange,and Measures for the Management of Electronic Commercial Bills of Exchange and the corresponding four rules.However,the traditional bill rules in our country are mainly aimed at paper bill,so far there is no clear definition of electronic bill in law,which makes it have a great legal loophole.Legal disputes in real life cannot be effectively regulated by law.This paper is divided into three parts.The first part expounds the difference between electronic bill and other means of payment in terms of its concept,characteristics and differences with other means of payment.At present,the definition of electronic bill of exchange is defined in the rules of electronic bill.There are two views on the concept of electronic bill in academia.The second point of view is that electronic bill refers to electronic bill.The characteristics of electronic bill mainly include data,security and efficiency.In addition,the differences between electronic bills and electronic money and electronic payment are compared to highlight the characteristics of electronic bills.The second part analyzes the challenge of electronic bill to the traditional bill rules from two aspects.Specifically from the new legal liability subject,bill specific rules breakthrough these two aspects to elaborate.Legal liability subjects added access agencies,Shanghai Bill Exchange and electronic certification services.It is difficult to apply the forgery and alteration rules of bills to electronic instruments.In the relief system,only the loss of payment and the filing of a lawsuit are still applicable.The third part mainly discusses how to perfect the legal system of electronic bill.First of all,the perfection of electronic bill is urgent and necessary,which is helpful to its circulation and the protection of the rights and interests of both sides of the transaction.Foreign countries have already carried on the legal regulation to the electronic bill,our country can draw lessons from their legislative experience.To perfect the legal system of electronic bill,we should pay special attention to the subject of legal liability,the rules of bill relief,electronic signature,bill behavior system,transaction system and the function of bill financing.In addition,in order to ensure the integrity of the legal system,it is necessary to amend the related issues in criminal law and tax law.