On The Doctrine Of The Law Of Negotiable Instruments In Appearance

The institution on Negotiable Instrument is the principal basis of market economic system. On the other hand, law on Negotiable Instrument is one of the most important part of the whole system. Although the history of law on Negotiable Instrument in China is so short, flaws in the legislation have been found. Furthermore, the companies in our country will get loss from these flaws. As discussed above, we should carry out further research of Negotiable Instrument.In order to improve our legal system on Negotiable Instrument, we have to understand the basic idea and design of the laws. The auther will develop the research from the following two aspects:First, Negotiable Instrument is significant to economic development. Negotiable Instrument is the result of trade's evolution. At the same time it is also the necessary tools to trade. A perfect legal system, which has been applied, can help transaction run freely and safely. We should pay more attention to the advanced research and proved experience in foreign system and amend ours.Second, Rechtsschein theorie, the theory came from German, have played more important role gradually. In this theory, the Negotiable Instruments should be judged from their items and application. The tenet of Rechtsschein theorie is to protect the transaction running freely. In the foreign law systems, Rechtsschein theorie has not yet been admitted explicitly, but mobility is the most vital principle in the law is taken for granted. So we hereby pay attention to Rechtsschein theorie in this thesis. We tend to discuss the details on Rechtsschein theorie and try to find ways to apply this theory in our laws.The thesis is divided into five parts according to their different emphases.In the first chapter, the author mentions the history and types of Rechtsschein theorie. In the second chapter, the author brings out a theoretical discussion on Rechtsschein theorie in legal system on Negotiable Instrument. Negotiable Instrument is a special kind of chattel because the mobility is preferred, which is also the main purpose of Rechtsschein theorie.The compenents of Rechtsschein theorie are discussed in the third chapter. Here the author brings forward three kinds of theory in general. When Rechtsschein theorie is applied in laws on Negotiable Instrument, a series of ingredients should be adopted.The author then turns to the possible results in the next part if Rechtsschein theorie is applied in our system.Based on the discussion above, the author draws conclusion and makes out some advice in the last chapter.The author's point of view, advantages for this thesis are as the following: First, only few books or articles have touched this topic. The author dares to get in a original field. Second, the view is also fresh to all scholars. Based on foundation of Rechtsschein theorie, the author takes on a new view on the research and digests a lot of materials from latest foreign achievements. The last but not the least, some new suggestions and conclusion have been arrived at. For instance, the author thinks that there does not exist some kinds of Rechtsschein theorie in legal system on Negotiable Instruments but does exist in Civil Law; the ingredients on Rechtsschein theorie and the results of adopt the theory are also the first to be brought forward.The shortcomings of the thesis are clear. The discussion has mostly developed from research on law rather than from analysis on politic, economics or culture. So readers could not get a overall conclusion only from this thesis.