Study On Bill Interest Repayment Request System

As an alternative tool of cash payment,bill can provide safe and convenient payment way for business development,and has become an indispensable payment and settlement tool in market transactions.The vitality of bill depends on circulation,in order to expand the use scope of bills,the safety and circulation of bill should be firstly ensured.Therefore,China's Bill Law attaches great importance to protecting the interests of bill holders,and the right of claim for the repayment of bill interests is built based on this theory.Most of the countries in continental law system represented by Germany have regulated the right of claim,but the United Kingdom,the United States and other countries of Anglo American law system,and Convention on the Unified Exchange Bill and Promissory Note Law in Geneva have not regulated the right of claim system,which is caused by the different legal systems of different countries.The 18th article of China's Bill Law also regulates the right of claim for repayment of bill interests.However,on its nature,constituent elements,exercise of rights and other practical issues,there are great disputes in the academic circles,and even some scholars think that the system should be abolished.This paper is divided into five parts,analyzes and studies respectively from the theoretical and practical aspects,puts forward the deficiencies of the right of claim for repayment of bill interests,and then improves and solves it.The first part is the overview of the right of claim for repayment of bill interests.Firstly,this part defines its legislative definition and doctrinal definition.Secondly,it discusses the system value of the right of claim for repayment of bill interests.This paper thinks that the system mainly includes two legal values:efficiency and fairness.In the end,it analyzes the necessity of this system,and summaries the author's point of view:on the basis of retaining the right of claim for repayment of bill interests,China should gradually improve the relevant regulations,to better balance the interest relationship between the parties to the bill.The second part mainly introduces the deficiencies of the system of the right of claim for repayment of bill interests in our country.There are some problems in the legal regulations of the system of the right of claim for repayment of bill interests,such as the nature is inaccurate,legal reasons have flaws,the scope of the obligors for the repayment of interests has shortcomings,and the scope of the return of interests is unreasonable and so on.The author analyzes the logical errors of legal provisions in order to find solutions.The third part explores the problems in the practice of the system of the right of claim for repayment of bill interests in China.Starting from the judicial current situation,the author summarizes the judicial utilization degree of the system by searching China Judgements Online,makes a chart and then analyzes,illustrates the judicial practice problems caused by the unclear legal regulations,such as the transfer,burden of proof,the way of implementation,the court of jurisdiction of the right of claim for repayment of bill interests,and proposes the exercise and transfer of the right of claim for repayment of bill interests does not require the delivery of instruments,and can be carried out according to the regulation of the ordinary creditor's rights of Civil Law;Generally,burden of proof should be in the light of the regulation in the Civil Procedure Law of the People's Republic of China,and apply for the principle of "the one who claims,who puts to the proof';the disputes over the right of claim for repayment of bill interests should be under the jurisdiction of the people's court in the place where the bill is paid or where the defendant lives in,etc.The fourth part mainly analyzes the legislative experience of the system of the right of claim for repayment of bill interests in foreign countries(regions),and demonstrates the necessity of this system in China.Germany,Japan,Taiwan and other countries(regions)stipulates a relatively short time limit and strict preservation system.It is necessary to set up a system of the right of claim for repayment of bill interests to relieve the holders who have lost the rights of bills;There are also different reasons that United Kingdom,the United States,France and other countries have not stipulate the system of the right of claim for repayment of bill interests.The system of the right of claim for repayment of bill interests has its necessity to exist in China.However,we should also refer to the advanced legislation of other countries(regions)and combine with the judicial facts in our country,modify the return obligor and the scope of return obligation of the system of the right of claim for repayment of bill interests,so as to make it more perfect.In the fifth part,the author puts forward some amendment suggestions on the 18th Article of the Bill Law in China:the nature of the right of claim for repayment of bill interests should be redefined,the legal reasons for the occurrence of the system should be clarified,the scope of the obligors of interest repayment should be modified,and the scope of bill return should be reasonably defined.Finally,it summaries the 18th Article 18 of the Bill Law should be amended as follows:if the holder loses the rights of the bill due to exceeding the limitation of the rights of the bill or the lack of preservation procedures,he may request the drawer,acceptor or endorser to return the interests he has received.