Empirical Study On Bona Fide Acquisition System Of Negotiable Instruments

With the rapid development of market economy,negotiable instruments have been widely used in commercial activities.To some extent,the introduction of Negotiable Instruments Law regulates the behavior of negotiable instruments,but there are still some deficiencies in its comprehensiveness and completeness,especially in the general provisions on the bona fide acquisition of negotiable instruments.Negotiability is the soul of negotiable instruments.In order to keep the smooth circulation of negotiable instruments,the system of bona fide acquisition of negotiable instruments must be established and improved.The research in this paper adopts the idea of combining theory with practice.In the citation part,it briefly introduces the actual cases and puts forward relevant questions.Firstly,this paper elaborates the general principles of bill acquisition in good faith through comparing the system of bona fide acquisition in civil law,interpreting "bona fide" and "legal acquisition",so as to lay a good theoretical foundation for the following part.By analyzing the situation of bona fide acquisition of bills during the period of public peremptory notice and after the invalidating judgment,this paper puts forward the view that bona fide acquisition of bills during the period of public peremptory notice needs to be protected,but it cannot be advocated after the nvalidating judgment,And from the angle of protecting the litigation relief of bona fide acquisition of negotiable instruments,it puts forward that the judicial practice should be lenient in reviewing the justifiable reasons in article 223 of the Civil Procedure Law,and the bona fide acquisition should bring corresponding litigation requirements.Based on the above discussion,the paper finally puts forward some Suggestions on how to improve the practical operation of bona fide acquisition of negotiable instruments by insisting on the provisions of transaction authenticity in the entity system of bona fide acquisition of negotiable instruments,how to increase the bona fide acquisition of blank endorsement of negotiable instruments,and how to improve the public notice system of negotiable instruments.