| Bills is the most typical of the securities, known as the "father ofsecurities. Voucher system, along with the contract, the company system,constitute the three basic tools of the market economy. Since the billsgenerated an important role to play to accelerate the speed of commodityexchange and promote the large-scale trading, its most prominent featureis a very strong liquidity. So far, not yet a circulation tool to completelyreplace the notes.In order to reach and play as a basic rule notes the economic utility of mission, bills the behavior Uncausation notes the legal system of thesoul. What bills behavior Uncausation rules Why produce, how to getunified international, how to understand my academic formation billsbehavior relative theory, relative due theory What omissions, and how toestablish the bills behavior Uncausation rules？ This paper focuses onsuch issues analyzed and discussed.The first part of this article describes the history of the system ofbills.Negotiable Instruments Law, in Europe in the end of the centurycommercial customary law based on the formation and developmenttogether. Initially, the jurisprudence of the Negotiable Instruments bymerchant groups, regulations, practices and businessman tribunals. Withthe development of the system of commercial matters, such customarylaw gradually evolved into statute law. From a historical point of view,the notes without Cause Rules a long time. Simple the summarized billsthe behavior Uncausation rules, means the creation of the right notes,transfer, cancellation of the reason the relationship does not depend on itsbehavior.Formed the world’s three major Negotiable Instruments Department, French law, the Department of English law, German law system. Frenchlaw emphasizes the role and the money of the payment of the Notestransportation function, not the notes as credit, liquidity tool, so withoutdistinguishing notes relationship with the foundation of therelationship. The United Kingdom, Germany, the two law systems ismore emphasis on the bills of credit, and circulation functions. It strictlyto distinguish bills relations with bills fundamental relationship. In the1930s, the League of Nations is held in Geneva unified conference of theInternational Law of Negotiable Instruments, through a unified bill ofexchange draft Convention on the Law "and" Uniform Law for ChequesConvention and a series of Negotiable Instruments Law Convention afterthe world collectively referred to as "Geneva notes theConvention". Germany Negotiable Instruments Law Department as thebasis for countries to participate in the Convention, basically belong tocivil law countries, including the vast majority of continental Europeancountries, Japan and some countries in Latin America. After theenactment of the Geneva Convention, the country’s bills legislationrecognize bills Uncausation. France and countries with reference to a seachange in the "Geneva Convention" modeled on the French Negotiable Instruments, confirmed Uncausation rules.Negotiable Instruments Law is a general trend in the internationalunified applies no rules to promote the use and circulation of the notes,but also to facilitate the development of international trade.The second part is about reviewing our legislation and practiceattitude the rules Uncausation notes behavior.Legislation and practice from our point of view, China is not yetusing the notes absolutely no rules. On the Negotiable Instruments Lawmaking process, legislators in order to prevent anyone using notes toobtain money by deception, legal bills relations built on the real economicrelations, not strictly defined legislative bills withoutcause.Administrative rules and regulations of the relevant bills enacted bythe People’s Bank of China, also has been negated the bills Uncausation.Because of China’s legal system does not expressly require billswithout Cause, leading to a longstanding controversy and differences inthe area of administration of justice. In the event of a dispute, a partyoften advocate notes with no other party is often advocated notesdue. After the introduction of the Supreme People’s Court on theprovisions of the bill dispute cases to trial a number of issues "(hereinafter referred to as" judicial interpretation "), the the NegotiableInstruments theoretical study appears and relatively Uncausationtheory. Their views, notes circulation, the relationship between thedirectly before and after the hand is there because of causation indirectlybefore and after hand relationship is uncausation.The third part is about the evaluation of judicial interpretation ofArticle14.Aim of the Negotiable Instruments bills transactions encourage,encourage the note circulation, is not to deny the protection of the safe,but safe "dynamic" and "static" two balanced, dynamic safety of the notesin circulation smooth, static security refers to the protection of thebearer. Relatively Uncausation theory advocates note behavior relative no,but also based on the dynamic, static security considerations of the two. Itshould be relatively free due to views presented some new ideas, but onlythe defect bills legislative exists in China made a part of the explanation,but itself still theoretical vulnerability.First, the judicial interpretation of Article14, in violation of the lawof formal logic of science; Second, judicial interpretation of theprovisions of Article14of content in violation of a legal act theory; Third, judicial interpretation of Article14still can not be solved The conflictbetween the existing Law of Negotiable Instruments Article. It should beapplicable notes without Cause Rules should be absolute not relative. Thenotes without Cause rules applicable to unjust enrichment rule applies notcontradictory. Set bills can become the object of unjust enrichmentclaims. And existing legal norms can solve circulation litigation issuesapplicable without rules.The fourth part should be established no rules, Article10of theNegotiable Instruments evaluation, it is recommended that this provisionbe deleted.Credit function has been the most basic functions of the bills, andwith the development of the practice and the passage of time, the bills forcredit instruments function continuously strengthened. Meanwhile, thebills relations and the reasons for the relationship between forceseparation strategy reflects an objective requirements of the bills incirculation. Through legislative intervention in the NegotiableInstruments design bill acts rules Uncausation, naturally, greatly enhancethe liquidity of the Notes, and the transaction entities do not have tospend a lot of time to investigate before hand transactions between trading speed naturally accelerate. Seen bills without Cause is theinevitable result of the the bills legal system development.Notes the legal system in the end due to causation advocates haveinsisted no, the focal point of all these comments of Article10of theNegotiable Instruments. It should be recognized that the presence ofArticle10of the Negotiable Instruments historical background However,Article10of the Negotiable Instruments Law, has completed its historicmission, but also notes the highly technical and international legal norms,along with the global one development, the international community istrying to formulate a unified international legal system, our billslegislation outside independent international bills without Cause rulesshould be adhered to modify the Law of Negotiable Instruments, deletethe existing Law of Negotiable Instruments Article10amended. |
