| From the legal perspective, this thesis attempts to explore what the Defense of Bill Banking Risks ought to be and what is D.B.B.R as it is, and to discuss the establishment of D.B.B.R legal system in China.This thesis adopts the methods of experience, comparison, deduction. According to the purpose of this paper , the problem of P.B.B.R legal system is mainly studied.Developing the Bill Banking has great significance. In the countries where the market economy has been developed, the Bill Banking is actively, the civil and commercial laws on regulate the Bill Banking are perfect to some extent. So the contribution of this thesis is as follows: First, Bill Banking is an essential part of the Banking, and the Bill Banking risks exist objectively. The Bill Banking Risks is need to be avoided for the necessity of development of Bill Banking. Second, D.B.B.R legal system in China has many problems, so the study of the D.B.B.R legal system is valuable for formulating good legal countermeasures for the defense of the risk of Bill Banking. And the final purpose of the study of the D.B.B.R legal system is to instruct the practice of Bill Banking. In view of this three points of function, the study of the D.B.B.R legal system, not only has theoretical meaning of theory, but also has practical meaning .This thesis consists of four chapters. In the fist chapter, the necessity of D.B.B.R legal system is being investigated. Bill as a credit evidence and means of account settlement, brings the good profit and risk at the same time. The defense of Bill Banking risks is the problem needing solving for the banks and supervisors. Law is the way to defend the Finance Risks efficiently. Similarly, law is efficient means for the defense of Bill Banking Risks. Laws play an important role in the perfection, flourishment and healthy movement of the Bill Banking. Because through the modification and improvement of the relative laws, we can promote the development of the Banks Acceptance of Bill, the Commercial Bill and the Accommodation Bill and defend the Bill Banking risks efficiently.In Chapter Two, the author elaborates the general theory of the D.B.B.R legal system from various legal aspects. From the author's point of view, the objectives of D.B.B.R legal system should be composed of two categories, one is Safe Objectives, and the other is efficiency objective. The principle of D.B.B.R legal system lies in three aspects: the first is Safe Principle, the second is Efficiency Principle, and the third is Justice Principle. As far as the Civil Law System is concerned, the D.B.B.R law should be the branch of the Financial Law, which belongs to the Economic Law. The sequence of effect of D.B.B.R law, should be as follows: Bill Acts, Bill Administrative Articles, and Bill Administrative Regulations.In Chapter Three, a comparative research has been made between the U.S.A and the Germany upon the legal rules of the Defense of Bill Banking Risks. The author analyses the legal rules of the Defense of Bill Banking Risks in U.S.A and Germany from two perspectives. According to the analysis of comparison, the author makes a conclusion for experience as reference.In the fourth chapter, the author reflects the contemporary contents of Bill Banking Risks and Chinese D.B.B.R law, indicating that there are two defects in the legal framework. First, bank's internal management system is not perfect, and it can not control Bill Banking risks efficiently. Second, there is the obscurity of the principle of the China's D.B.B.R law. And in view of outside supervision law, there is the imperfection of Laws and Regulations system. Then the author gives the details of these problems. The author puts forward her proposals for the Chinese legislator finally. The author holds that: modification the contemporary contents of China's D.B.B.R law from two aspects. One is the law on the bank's internal management system. The other is the law on outside supervision to Bill Banking, between which modificating the contemporary Bill law is very... |
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