Research On Legal System Of Inverse Endorsement

Inverse endorsement,also known as return endorsement and backtrack endorsement,is a special transfer endorsement with the debtor of the bill as the endorsed.Its particularity is reflected in the coincidence of the identity of the debtor and creditor of the bill,so in order to avoid meaningless circular recourse,based on the balance of interests of the parties to the bill,the problems of recourse right and defense in the inverse endorsement need to be restricted by law.However,the provisions of the Bill Act in our country on inverse endorsement are limited to the limitation of recourse right when the drawer and the endorser are the bearer.This does not cover all cases of inverse endorsement,but also has some problems in the language expression of "front hand" and "back hand",and does not stipulate whether the holder of back endorsement applies the rule of defense cut-off.Bill endorsement system is a hot topic in the theoretical circle,but there are few studies on the system of inverse endorsement.There are also few discussions on the combination of back endorsement or blank endorsement system and the system of inverse endorsement.Therefore,the article combines the domestic and foreign research and the basic theory of negotiable instrument law,studies the relevant deficiencies of the system of back endorsement in China,and puts forward relevant suggestions for improvement,with a view to contributing little to the improvement of the legal system of back endorsement in China.The first part of the article analyses the relevant disputes in the back endorsement in order to lead to problems.It discusses the right of recourse disputes in the back endorsement and the right of defense disputes in the back endorsement respectively.There are mainly two kinds of doctrines in the academic circles: affirmative doctrine and negative doctrine,and there are six different doctrines in Japan on whether or not back endorsement can restore the right of recourse to human defense.The second part of the article is about the right of recourse in the back endorsement.Through the analysis,it is considered that the recourse right of acceptor and guarantor should also be limited when they are the bearers.The recourse right of the hand after endorsement can be re-endorsed and re-endorsed without restriction.By discussing the situation that back endorsement and blank endorsement or back endorsement coexist in the same negotiable instrument relationship,it is concluded that whether the right of recourse is limited or not should consider the particularity of the two endorsement stages depending on the situation.The third part of the article is about the recovery of endorsement and human defense.Firstly,through the analysis of six theories of human defense in recitation,it is concluded that the theory of human nature is more reasonable.Secondly,combined with relevant cases and theoretical basis,it is considered that the holder of the back endorsement should be confronted by the original defense against the person.The fourth part of the article analyses the defects of recourse,endorsement and defense cut-off in the system of back endorsement in China,and puts forward some suggestions to improve the system of back endorsement.