The Research On An Abstract Act In Action On Negotiable Instrument

Negotiable instrument are ancient, dating back to the twelfth century and maybe earlier; but the law of negotiable instrument works to stay current. It must keep pace with the evolving transactional needs and customs of business and the rapidly changing, new technologies of the marketplace. As a regulation and choice of commodity economy the principle of abstract act in action on negotiable instrument was followed by many counties when it had been constructed in Germany in 1871.Commodity economy leads to emergency of the negotiable instrument system meanwhile prosperity of commodity economy in modern times future promotes the perfection of the negotiable instrument system. At first it was acted as a method to pay money to overcome difficulties of time and space when commodity economy was appeared. Following the development of economy, negotiable instrument must be negotiable in the market, so the negotiable and indorsement regulation appeared. And at the same time, a negotiable instrument can negotiable within many hands because of its negotiable characteristic. So it acted many roles in more situations. Such as credit function, settlement function and finance function, and so on. In order to ensure the transaction safely, to make the negotiable instruments convenient for negotiable, to bring down the cost of transaction risk, to accelerate the development of commodity economy all of they are fix in with the purpose of the abstract act in action on negotiable instrument that is to exert the functions of negotiable instrument actively.Act refers to the validity of the act on negotiable instrument is separated from the cause relation, so the cause relation have no influence on the act on negotiable instrument. The principle has been widely acknowledged in the world as a basic principle of the negotiable instrument law. However, it is a pity that by now it has not gained common acceptance in legal theory and bill operation in China. With the deepening of China's open up policy, China has developed wider and closer economic relationships with other countries. Our nation's economy will be affected if we don't accept this principal.In this article, in order to ascertain the concept and contents of abstract act in action on negotiable instrument, analysis the basic theory of act on negotiable instrument and the social basic firstly. And then, analysis the immanent content of abstract act in action on negotiable instrument. Before expound the idea of the relativity of abstract act in action on negotiable instrument, the relationships between cause on negotiable instrument and nexus on negotiable instrument was showed. The relatively of abstract act in action on negotiable instrument is to say except the special circumstances ,for instance, the negotiable instrument was only used between the drawer and the holder, the principle of abstract act on act in negotiable instrument should be withhold.The chapter 2 is focusing upon the legislations on abstract act in action on negotiable instrument in others countries and international organizations around the world. After the exploration of legislations around the world, I think if it can accelerate the economy development of one country and can be used expediential in business and deduct dissensions but not hamper the development of economy in a special circumstances, the legislation on negotiable instrument is fit in with one county.After research on thesis and illustration of the negotiable instrument of China, the chapter 3 analyses the showing and the causes of legislation of an abstract act in action on negotiable instrument in China. After all this have been finished, in the chapter 4, I give some suggestions on the abstract act in action on negotiable instrument of China. I think, fix in with the matter of fact in China, in our legislation, the relativity principle of the abstract act in action on negotiable instrument should be established. In this article, the methods of economy analysis, comparison analysis, historical analysis and practical analysis was be used.