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A Case Analysis Of The Public Security Freezes Of The Payment Of The Bank Accepted Bill Of Exchange

Posted on:2013-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:F R YangFull Text:PDF
GTID:2246330395961307Subject:Negotiable instrument law
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In this paper, I analysis a case which raised six legal issues in dispute. The public security authorities can freeze the bank acceptance bills? Is whether banks can assist public security organs to freeze the second stop payment of bank acceptance? Third, bank acceptance bills by public security organs after freezing pay, banks can refuse to bearer acceptance banker? four banks after the lifting of bank acceptance bills of public security organs to freeze, have the duty to inform the holder? Five is the bearer of bank acceptance bills by public security organs after freezing pay, what measures would be taken to uphold their legal rights? Six is the freezing of bank acceptance bills of Public Security Department and courts freezing of bank acceptance bills differ? Through analysis of these six issues, came to the views of the authors themselves, on this basis, made eight recommendations, one is the proposal to extend the laws, regulations, judicial interpretation on the freezing of bank acceptance bills of public security organs in scope. Second is the proposal to the Bank at the time of program review, right to refuse acts of violation of public security organs and other relevant departments to freeze. Third, it is recommended that the Bank and the public security organs had refused to accept banker’s responsibility to undertake consultations to reach agreement on the issue. Four banks in the public security organs after the lifting of bank acceptance bills frozen, inform the holder of the accepted obligations. Five is the bearer of the public security authority in contravention of the freeze proposed.alongside the Bank can complain to the complaints, the people’s Procuratorate at the same level people’s Congress at the same level, public security departments at the same level or superior Police Department complaints, six are through legal procedures of public security organs after the freezing of bank acceptance bills, informing obligation in a timely manner. Seven is the in-house legal departments of public security organs to carry out checks and monitoring work. Eight is the ticket holder sued Bank of cases before the Court, different courts have different judgment, later, courts should be uniform standards conducive to maintaining the dignity of the law.
Keywords/Search Tags:public security organs, freeze, bank accepted bill of exchange
PDF Full Text Request
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