The Research On Lawful Holders’ Right Remedy After Invalidating Judgment Done

The public notice procedure can be started to remedy after the holder lost the bill.If interested party didn’t declared or declaration of rights was rejected by the court,invalidating judgment would be done.The applicant can depend on the decision to implement the original rights by the judgment, but that is not over yet.The loss bill may also continue to circulate in the market, if there is no intentional misconduct or gross negligence of the transferee notes, the good faith system is applicable and the transferee will enjoy the original bill of rights,when the real loser may have made a fare on the basis of the judgment, so at this time it will harm the interests of bona fide holder.Holder or the insider after transferring the bill,for unlawful gain, is likely to do false claim again, at this time will damage the interests of the bearer of the reality.So in both cases, the bona fide holder and reality holder as the legal holder has the necessity of relief.Before the legal holder to obtain relief, how to treat the invalidating judgment is the necessarily question, if to cancel or to bypass ?What is the force of law and the nature of the judgment?What is the relationship between the judgment with the good faith system?How many relief path for legal holder have in China?Which the experiences and lessons we can draw from outside?In the judicial practice, what is the legal holder of optimal relief path?What public notice system can be perfect?These problems are needed to discuss in this paper.There are four sections in this article except foreword and epilogue, the main content is:The first part mainly summarizes the concept of legal holder.The author simple analyses the difference among the loser, the real holder and bona fide holder.And define the legal holder discussed in this article mainly including the bona fide holder after the real loss of ticket and the bearer under the false claim ticket.The second part mainly explores the nature of the judgment except authority and the legal effect, and put forward my own views, the judgment is the notes on the public law.To maintain bills of liquidity and word meaning principle, during public notice and after judgment except authority, good faith system can be applied. In practice, the rights in the judgment and the original rights on the bill is different, it is only a general copy the notes.The invalidating judgment is not declare that the note is invalid, but gives a refusal to the payer, that is the right of defense.The third part mainly discusses the present three the main relief path after the judgment done legitimate holder have.By comparing the outside relief way, this paper discusses the optimal relief way to the legal holder, but it needs to cancel the invalidating judgment before relief. Litigation is not only way to cancel the judgment.The fourth part mainly aimed at reducing false claim to lost tickets and urged interested party promptly declared rights.Put forward some perfecting suggestions to public notice system.It mainly is to determine the reasonable public notice period, require the applicant to provide guarantees and will establish a unified platform for the publication of the special.