Research On The Legality Of Private Bill Discounting

Combined with operation lack of guidance and supervision,civil regulation always in this paper the discount grey area,one of the private business bill discount also obtained the rapid business development,market is more and more attention to bank acceptance bills of financing function.At the same time,also the people there are more and more bills discounted transaction,there are even professional trading intermediary structure and transferred to engage in this paper.However,because of the negotiable instrument law,relevant laws and regulations limit the bill circulation and discount must have real trade background and paper type conforms to the statutory multiple constraints,such as the current domestic discount function can be realized for the most part the paper belongs to bank acceptance bills of exchange,can manage the business of discount subject must be qualified for a specific financial institutions.Generally,the folk paper discount market no matter from the discount subject or discount process and range,etc.,with the current law has significant discrepancy.Combined with operation lack of guidance and supervision,civil regulation always in this paper the discount grey area.The author thinks that,along with our country enterprise,the growing demand for short-term financing needs by folk bills discounting financing situation will be more frequent.Surface on the in China starts late,form a complete set of legal norms is not yet perfect,and even banned,market construction experience background is also not very good,strengthening research of folk discounted bills,especially the legal research is necessary.In addition to the epilogue is divided into four parts:The first part:the overview of folk bill discount.Including discusses the cause of our country folk bills discounting,its features and concepts,etc.This paper,on the basic problems of folk have a basic understanding of bill discount.The second part:the folk instrument crime and the crime analysis.This part is mainly divided into four points,three points from the previous first,analyze the folk whether to belong to the crime bill discount,ruled out folk discount belongs to"illegal engaged in fund payment and settlement business","the crime of illegal business"and criminal illegality,etc.,and finally put forward attitude to folk bills discounting should adopt appropriate hydrophobic unfavorable plugging point of view.The third part:the pros and cons of private bills discounting analysis.This part is divided into three points,the first mainly discusses the unfavorable factors analysis of folk bills discounting,mainly around the folk discount would disrupt the normal order of the financial markets,lack of security,easy cause disputes,from the country of money and credit policy constraints,increase the difficulty of finance macro-control,easy to cause the four aspects such as economic crimes are analyzed.The second point is mainly analyzed the favorable factors around the folk bills discounting,including its ease of small and medium-sized enterprise financing situation,is advantageous to the intermediaries cultivating;The third point is mainly in the first two is put forward on the basis of the value of civil legal bill discount,for below claim its legalization buried under foundation.The fourth part:the folk bills discounting legalization feasibility and recommendations.This part is divided into two,one is the feasibility analysis,2 it is suggested that advice mainly includes four aspects,respectively from the modify the negotiable instrument law,rich and colorful paper market trading tools,set up paper marketmakers access,operation,exit and regulation legal system,establishing the paper marketmakers risk prevention legal system,establishing and perfecting the credit law system improving Suggestions,etc.