Notes Litigation System Study

The action of negotiable instruments belongs to civil lawsuit, but what it mainly settles is disputes over negotiable instruments. Disputes over negotiable instruments are different from ordinary civil disputes, so procedures of negotiable instruments also have some difference from ordinary civil procedure. Discussing procedures of negotiable instruments is helpful to us for finding similarity and difference between action of negotiable instruments and civil lawsuit, in order to provide the basis of theory and practice for consummating procedural system of negotiable instruments in our country.The paper is divided into five parts: summarization on related concepts of action of negotiable instruments, present situation of procedural system of negotiable instruments in our country, inspection on procedural system of negotiable instruments in other countries and areas, the necessity and possibility of constructing a new procedural system of negotiable instruments in our country with benefit, concrete advice on how to consummate the procedural system of negotiable instruments in our country with benefit. The paper also contains introduction and conclusion, in order to make the paper become intact.The primary coverage of every part is:Introduction : The fast development of the markets of negotiable instruments causes the accession of disputes over negotiable instruments. In order to realize the judicial relief of disputes over negotiable instruments, and satisfy the essential requirement of promoting the currency of negotiable instruments, so it is necessary to make a research on procedural system of negotiable instruments in our country, and to give advice on how to consummate it.Partâ… : Summarization on related concepts of action of negotiable instruments. This part mainly discusses the negotiable instruments and disputes over negotiable instruments. According to introducing the connotation and extension of negotiable instruments, and analyzing the concept, characteristic and category of disputes over negotiable instruments, we find that the action of negotiable instruments has its own characteristic, and is different from the civil lawsuit, so it is worth paying attention to and studying it.Partâ…¡: Present situation of procedural system of negotiable instruments in our country. At present, the way for our country to the Judicial relief of disputes over negotiable instruments mainly conclude ordinary civil procedure and procedure of exigent by publication, and procedure of exigent by publication is only fit for the lost of negotiable instruments. This part can be divided into two aspects, that is the legislative present situation and the judicial present situation. When talking about the legislative present situation, the paper introduces the concrete provision of ordinary civil procedure and procedure of exigent by publication in our country; and when talking about the judicial present situation, the paper analyzes the actual problems of the two procedures when they are implemented.Partâ…¢: Inspection on procedural system of negotiable instruments in other countries and areas. After evaluating the present procedural system of negotiable instruments in our country, the paper begins to introduce procedural systems of negotiable instruments in other countries and areas, which have characteristic in the area of legislation and judicial, including action of certificate(negotiable instruments) in German, action of negotiable instruments (check) in Japan, and procedure of exigent by publication in German and Taiwan area. On the base of introducing the related procedural systems of negotiable instruments, the paper analyzes the prerequisite of existence of these procedural systems and the superiority that they own in order to provide helpful enlightenment and reference to the development and consummation of procedural system of negotiable instruments in our country.Partâ…£: The necessity and possibility of constructing a new procedural system of negotiable instruments in our country with benefit. In this part the paper proposes that it is necessary to construct a new procedural system of negotiable instruments in our country with benefit. Specifically speaking, it is a new procedural system, which can well display the function of negotiable instruments, that is payment,settlement and credit, by making judicial fairness and judicial efficiency in reasonable disposition. This new system could promote the currency of negotiable instruments, maintain the normal operation of the market of negotiable instruments, and safeguard the entity benefit and procedure benefit of the litigants. Then, this paper systematically discusses the necessity and possibility of constructing a new system of negotiable instruments in our country with benefit, by analyzing several aspects, which are the present situation of markets of negotiable instruments, the relationship between fairness and efficiency, the need of safeguarding entity benefit and procedure benefit, the characteristic of negotiable instruments and the related behavior, and the helpful reference of legislative experience in other countries and areas.Partâ…¤: Concrete advice on how to consummate the procedural system of negotiable instruments in our country with benefit. Based on the reference of special legislative rules of procedures of negotiable instruments in German and Japan, the paper suggests adding particular procedures of negotiable instruments to present procedural system of negotiable instruments in our country, except for ordinary civil procedure. Disputes over negotiable instruments includes disputes over the right of negotiable instruments and disputes over non-right of negotiable instruments in negotiable instruments law, and particular procedures of negotiable instruments are only fit for disputes over the right of negotiable instruments, so when litigants prosecute, they could choose different procedures according to the type of disputes over negotiable instruments, and simultaneously realize their entity benefit and procedure benefit. On the other hand, after inspecting procedures of exigent by publication in German and Taiwan area and considering the actual situation of operation of procedures of exigent by publication in oar country, the paper suggests consummating procedures of exigent by publication in our country, by expanding the applicable scope, explicitly stipulating that persons who are related to decisions of eliminating the right of negotiable instruments in procedures of exigent by publication can prosecute for rescinding the decision, and making the rules more rigorous and reasonable.Conclusion: In the procedural system of negotiable instruments with benefit, ordinary procedures of negotiable instruments, particular procedures of negotiable instruments, and procedures of exigent by publication coexist and provide different types of procedures for litigants to choose, in order to realize the harmony and unification of judicial fairness and judicial efficiency.