| The negotiable instrument is potential currency created by mechants to overcome the inconvienence of long-distance carring cash .With the development of modern commerce, the negotiable instrument further plays the roles of payment tool ,credit tool and so on .How to guarantee the circulation and security of the bill become a problem of every country's negotiable system.The loss and remedy of negotiable instrument system is a important component of Negotiable Instrument Law, and plays a very important part in bill smooth circulation and legitimate benefit protection of the people. It is a important guarantee of the negotiable instrument system exist. All countries have the system of loss and remedy of negotiable instrument, the mainland legal system countries use the method of report the loss for payment suspending and the public summons for exhotration , but the British and American legal system countries use the method of taking proceeding .When our country formulated Negotiable Instruments Law, based on broadly picks the western mature experience, namely retained the report the loss for payment suspending and public summons for exhortation method, also has absorbed the taking proceeding method, formed the unique system of collects two kinds of systems in a body. Besides Negotiable Instruments Law, Civil Procedure Law, The People's Bank of China Paid and Settlement Means, The Supreme People's Court's Explanation of Certain Questions of Tries Negotiable Instrument Dispute also make corresponding stipulation about the loss and remedy of negotiable instrument in a certain scope. These laws and regulations constructed our country's loss and remedy of negotiable instrument system, this system's appearance has protected the person's legitimate rights and interests in great degree, has guaranteed the smooth circulation of bills. Simultaneously we also had to see that it was over ten years from Negotiable Instrument Law was promulgated , through such long time legal practice, we also found current relief system quite to be also rough, many aspects also waits for consumate so it's necessory to analyze and study the advanced countries and areas' related system and reconstruct the remedial method relating the problems founding in the practice. The author mainly utilizes the comparative law method, puts forward the consummation proposal based on comparing remedial methods of our courtry with other courtries .This dissertation is divided into four parts:Chapter one of this paper, through the analysis of the concept and construct essential factors of the lost negotiable instrument, complements the tradition theory of two essential factors and reconstructs the concept of the lost negotiable instrument ,delimites the research scope and elaborates the rationality of the exist of the loss and remedy of negotiable instrument, builds foundation for the further reseach.Chapter two of this paper breifly introduces the remedial methods of the world, compares the lost negotiable instrument of China with others to finds the differents between them. Chapter three of this paper, through the analysis on concept ,theory of law ,scope of application ,object ,result on law reveals that our report the loss for payment suspending has the problems of scope narrow, concept confuse, finance organs lack of information sharing and puts forward the improving proposals.Chapter four of this paper compares the differences between the public summons for exhortation and take proceeding system, fingers out the problems of take proceeding system and suggests that we should abolish the take proceeding system and make public summons for exhortation become the only way of loss and remedy of negotiable instrument based on amplify the scope of application of public summons for exhortation and uses Taiwan's experience to avoid conflicting of law and raises efficiency . |
