| As a kind of securities,bills play an important role in strengthening commercial credit and accelerating capital turnover in the process of market economy development.China’s Remedies for the loss of bills comprehensively learn from the practices of the bill law of the civil law system and the bill law of the common law system,and set up three systems:reporting the loss and stopping payment,public notice and bill litigation.Among them,public notice is the most common way for the loser.Based on the current legislative provisions on the public notice procedure in China,this thesis evaluates the current situation of the legal status of the legitimate holder of the bill in the public notice procedure and the path choice of right relief.This thesis studies and expounds from the following four dimensions.The first chapter analyzes the concept of legitimate holder,and uses the dichotomy method to analyze its connection and difference with relevant concepts.The second part expounds the impact of public notice procedure on the rights of legitimate holders.This thesis holds that the start of the public notice procedure makes the legitimate holder lose the right to claim payment and the right of recourse,and aggravates the legitimate holder’s duty of care and potential risks.The third part analyzes the reasons why the legitimate holder is in a disadvantageous legal position.This thesis holds that due to the conflict of interest between the loser and the legitimate holder,the lack of attention to the particularity of bill behavior in the design of public notice procedure,the dispute over the applicable elements of public notice procedure,and the dilemma faced by the legitimate holder in entering the litigation,the rights of the legitimate holder are damaged.The fourth part is the focus of this thesis.By learning from foreign experience,this thesis puts forward the countermeasures to improve the right relief of the legitimate holder in the public notice procedure,including:in the procedure,strictly abide by the elements applicable to the public notice;In terms of system,it recognizes the effectiveness of bill transfer during the period of public notice;In the way of safeguarding rights,combined with the possible damage of rights,choose the best way of right relief.The innovation of this thesis is that,firstly,it draws lessons from the concept of legitimate holder in British and American bill system,and defines the concept of localization.Secondly,from the perspective of the special attributes of bills and the urgent need to curb malicious application for public notice in practice,this thesis puts forward some suggestions to improve the public notice procedure.Thirdly,through the systematic integration and analysis of the advantages and disadvantages of various relief measures stipulated in the current law,we can find the best way to protect the rights for the legitimate holder. |
