Study On Bill-forgery Payment Problem

Bill is an important means of payment and credit tools. With the development of market economy, the trade is more and more frequent, bill-forgery frequent wrong doing, this will affect the normal market order, so perfect the legal system of bill-forgery is very necessary and urgent. Without permissions bill-forgery refers to the people in fictional fake others or the name of the person endorsing, according to bill behavior into behavior based bill behavior (the drawer) and auxiliary bill behavior actions (such as endorsement, acceptance, guarantee), and on the basis of the bill-forgery into base bill behavior counterfeit and auxiliary bill behavior forged. This paper is based on the classification of bill-forgery system is discussed.In bill payer legal relation is in a very important position. Bill right realize aims to obtain the sum payable by the bill payment, therefore, is the rights on a negotiable instrument finally realize payment as well as the symbol of bills, bills function relationship finally complete elimination of the sign. In bill circulation process, the payer for bill right implementation, the obligation of destroy plays a very important role. Based on the legal system in bill-forgery for the influence of the drawer, discusses the essay, bill-forgery payment review obligations and responsibilities that Shared.The common law system and the continental law system is to adjust the bills the two big law legal norms, bill-forgery its adjustment have similarities also have different point, this paper will expound on two relative regulations comparative study, with its find most suitable for China's legal system of pseudo payment instrument. This paper suggests should perfect our bills legislation and build a drawer appropriate bill-forgery payment review obligation in the principles of fairness, the basis of bill-forgery liability for payment constructing the identification system, bill payment not bear the risk liability, fake endorsement in principle a ticket only bear the risk liability, counterfeit payment and allow exceptions exist. This frame is as follows:First, to the general theory of bill-forgery payment are expounded. In the bill payment to distinguish the concepts and properties of bills, on the basis of the payment drawer defined responsibility nature. In the bill-forgery into base bill behavior counterfeit and auxiliary bill behavior forged the basis of bill-forgery payment general form into base bill behavior forge payment and auxiliary bill behavior forge payment two kinds.Then, the bill payment review of three obligations, as form review obligation, essence examination obligations and incidental review obligation described respectively. Aiming at the trial of notes about some problems disputes over the provisions of article 69 dispute puts forward related Suggestions. Bill-forgery payment respectively on different types of censorship obligations defined and analyzed.Finally, solve the wrong who will bear the responsibility of payment. The drawer subjective mistakes payment in there are two possible:a kind of circumstance is by the payer know bill is forging or negligence that bill through without payment, this please counterfeit and adverse circumstances error, of course the drawer payment responsibility to bear; And another case is payable on goodwill, bill-forgery genera in bill when reviewing fulfilling the necessary attention obligation, so this case mistake who will bear the responsibility of payment? This paper gives a solution.