我国票据失票救济途径相关法律理由

【Abstract】wWw.shuoshilunwen.com As an important tool in the market economy system, the negotiable instruments play a variety of significant roles in the economic life. With the rise and the development of the commodity economy, the negotiable instruments are required to he more functions. Accordingly, the negotiable instrument system is gradually standardized and improved as well. Meanwhile, the establishment of the legal system, on the one hand, ensures the effective circulation and use of the negotiable instruments; and on the other hand, it endows the items of negotiable instruments with different legal effect. In the 80s of last century, with the strongly promotion of the idea of reform and opening-up, and China gradually opening its closed domestic markets to the world, the negotiable instrument system in China has already being recovered. At present, in the domestic economic life, based on legal provisions, a large number of negotiable instruments he been widely used by the enterprises and institutions.With the extensive use and circulation of the negotiable instruments in China, there are some urgent problems, especially in the areas of the remedies for the loss of instrument, need to be solved and regulated. In China, because there is no clear or even contradictory provision on the remedies for the loss of instrument in current laws, judicial interpretations and regulations, there are some controversies in the practical operations related to the remedies for the loss of instrument. This paper will begin with the basic theory of commercial law; comprehensively use the following research methods: structural analysis, system analysis, empirical analysis and so on, to do the legal analysis and argumentations on the remedy approaches for the loss of instrument in China. At the same time, the comparative method will also be used, by comparing the provisions related to the remedies for the loss of instrument in civil law system, common law system and so on. And by using the results of the research analysis of some Chinese legal experts for reference and combining with the basis of the banking practices, I will do some personal interpretation for the obscurity in the practical operations. Finally, in order to improve the remedy system for the loss of instrument in China, I will put forward some of my own proposals. And according to the logic order, this paper will be discussed in four chapters, into which is divided in a progressive structure. The first chapter will analysize the remedy approaches for the loss of instrument in China’s positive law. And it wills analysize in depth and compares the conceptions, characteristics and provisions of the three remedy approaches for the loss of instrument in China.The second chapter will focus on an expanding analysis on the defects of the remedies for the loss of instrument in legislation and practical operations. First of all, from the two different sides: legislation and practical operations, I will set out the defects of the remedies for the loss of instrument one by one. In the end, I will focus on the hot issues in the practical operations, elaborate them in depth and then discover the problems.The third chapter will mainly explore and analysize the legislative systems of the remedy approaches for the loss of instrument in foreign countries, as well as in Taiwan, Hong Kong and Macao in China, and then propose some solutions that can be used for reference.The fourth chapter is the key part of this paper, focusing on the viable tentative idea about remedy procedures for the loss of instrument in China. Through the legislative comparison, and the use of the negotiable instrument systems and provisions outside Chinese mainland for reference, I will put forward some specific proposals, in order to improve the remedy system for the loss of instrument in China.