Studies On The Legal Issues Of Protest Of Negotiable Instrument

The negotiable instrument is a new method of the payment and settlement in economic activities in our country. During the transaction, there are different understandings between either party of the negotiable instrument with respect to whether certain cause belongs to the legal grounds of negotiable instruments protest system in our country, which leads to great number of negotiable instruments disputes. By analyzing the definition and legal ground of protest stipulated in the current negotiable instruments law in our country and theoretical discussing on the restriction and counter-restriction of negotiable instruments protest and by reference to several provisions regarding negotiable instruments protest in international treaties and laws of other countries and districts, this article provides ideas and plans to deal with such controversial problems arising out of legal practice, regarding the protest of negotiable instruments (e.g. consideration protest, non-transaction relationship protest, etc.), and assigns the burden of proof by either party in negotiable instruments disputes, which will pave the way for justified ruling of the court on the negotiable instruments related cases. Meanwhile, this article also makes either party of the negotiable instrument better understanding and applying the ground of protest on negotiable instruments, which will be helpful for the safe transaction and promotion of negotiable instruments in our country.