Research On The Negotiable Instruments Litigation Procedures

At present there is no special procedures of negotiable instruments in China,disputes over the right of negotiable instruments of judicial remedy only ordinaryprocedure and procedure two, the general procedure is the most used relief program.But the bill rights disputes than other civil disputes, has special characteristics veryobvious, the exercise of rights without due bills, bills right request according to theliteral, bill rights, the exercise of the right of the single most prominent transient etc..The current ordinary procedure setting and did not fully consider the particularity ofbill right disputes, trial procedures, time-consuming, complex litigation can not betimely, accurate adjustment of bill relationship. The dilemma Chinese type under thesupervising procedure is influenced by the credit system is not perfect, applicationsettings is not reasonable and its application characteristics and other reasons, in thesettlement of disputes over the right of negotiable instruments is always unsatisfactory.Through the investigation for the German, Japanese procedural system of negotiableinstruments, as well as for the rapid development of China’s bill market analysis andcivil litigation system to adapt to the transition of the split flow requirements, ourcountry should set up a special procedures of negotiable instruments, the formationprocedures of negotiable instruments, the ordinary procedure, procedure ofsupervision and coordination between the shunt.This paper is divided into five parts, the first for the analysis of disputes over theright of negotiable instruments shall be clearly defined, then solve the judicial statusby disputes over the right of negotiable instruments in our country and other countriesor regions of bill rights disputes judicial remedy investigation, then set out ouradditional tickets according to necessity and possibility, procedure finallyconstruction our bill of procedure, which is the basic thread of this paper. Specifically,the main content of each part is:Part Ⅰ: The definition of bill right disputes. This part mainly through the legalrelationship of instruments analysis to define the scope of disputes over negotiableinstruments, and so on a bill dispute in the disputes over the right of negotiableinstruments shall be defined, special to disputes over the right of negotiableinstruments made deep mining. This part is the legal basis for the study of this paper, the procedure is mainly based on the particularity of the disputes over the right ofnegotiable instruments to start.Part Ⅱ: The judicial status of our country to solve the disputes over the right ofnegotiable instruments. As mentioned above, the general procedure and the procedureis currently in China to resolve the two major approaches to disputes over the right ofnegotiable instruments, but facing the plight of poor relief, this is our researchprocedure note value, is also the logical starting point of the research context.Part Ⅲ: The other countries or regions to disputes over the right of negotiableinstruments of judicial remedy. This part begins with the negotiable instruments law,focuses on the same bill law system and our country, introduces litigation systemsimilar to the German and Japanese procedural system of negotiable instruments,from which we found that Germany, Japan attaches great importance to the bill doesnot have because of characteristics, meanings, set up special bill rights disputesprocedures of negotiable instruments quick, quick dissolving voting rights disputes,which provides valuable experience for the reform of China’s procedural system ofnegotiable instruments.Part Ⅳ: The necessity and possibility of additional procedures of negotiableinstruments in our country. Through careful analysis, we found that China’s rapiddevelopment of the bill market needs to be efficient, convenient procedures ofnegotiable instruments, trend of dividing litigation system transformation of ideas andcommercial trial independence also requires additional procedures of negotiableinstruments. In addition the bill right particularity and Germany and Japan billlitigation system provides the possibility for additional procedures of negotiableinstruments.Part Ⅴ: Constructs our country bill procedure. This part mainly from theconstruction about the program with existing procedural diversion and cooperative,efficient, convenient program itself two concept, the decision procedures ofnegotiable instruments applicable scope, jurisdiction, evidence, procedure and otheraspects of the design, to achieve docking between the supervision process, proceduresof negotiable instruments, the ordinary procedure in order to achieve the diversion ofcases, cases, procedures and fairly, the parties procedural option interest to enrich thetarget.