Research On Negotiable Instruments Litigation System

Negotiable instruments means the valuable securities signed and issued by the drawer, who agrees itself to or authorizes the drawee to pay unconditionally a sum certain in money. They have such traits as noncausality, literalness and formalization. As payment, settlement, credit, currency and financing tools in marketing, negotiable instruments promote business deals safe, prompt and orderable, which have become un-replaceable dealing tools in the market economy.Being the right of securities showed in a negotiable instrument, the right on a negotiable instrument have strong negotiability, which needs to be transferred promptly and realize currency. Therefore, disputes over the right on a negotiable instrument require to be resolved quickly in order to make a negotiable instrument current. With strong probative force determined by its noncausality, literalness and formalization, the negotiable instrument held by a plaintiff may be used as a evidence by judges to judge whether the plaintiff have the right on a negotiable instrument in relevant actions, which make it possible to establish simple trial procedures of disputes over the right on a negotiable instrument.On the purpose of perfecting the judicial protection system of the right on a negotiable instrument in our country, this paper brings forth how to set up the system of action of negotiable instrument taken as the judicial protection system of the right on a negotiable instrument in our country from the opinion of multi-procedure and puts forward to concrete thoughts on setting up special procedures of negotiable instruments from the values of efficiency, through reviewing the characters and basic functions of a negotiable instrument and analyzing the characters and sorts of the disputes over negotiable instruments in our country; furthermore, the paper researches on the important procedural theoretic problems about the actions of a negotiable instrument and gives material suggestions on how to enrich and perfect relevant legal proceedings, in order to benefit the legislation and practice of the actions of a negotiable instrument of our country.