Research On The Legal Problems Of Electronic Negotiable Instrument's

Electronic negotiable as a product of the electronic information age, adhering to the payment, credit, and other functions of the traditional paper negotiable, for the future development of the negotiable market indicates a direction, has become the new payment instruments, someone even think paper negotiable will eventually be replaced. To protect the operation and development of electronic negotiable, a number of countries and regions outside have developed a sound legal system of electronic negotiable. Similarly, in order to conform to this trend, China has also promulgated the "Electronic Signature Law", "Electronic Payment Guidelines", "E-commerce Negotiable Management Approach" and other relevant electronic instruments. But in the application process of electronic negotiable, still having many obstacles, the reason is China's current "Negotiable Instruments" not involved in electronic instruments, electronic instruments legal status is not clear, but there is no legal relationship between the body of the electronic instruments and legal responsibility to make the contents of the provisions, resulting in a lack of applicable laws electronic notes. To protect the healthy development of China's electronic paper market, the paper put forward some reasonable suggestions for building electronic instruments legal system. The full text of the proposed four parts to elaborate:The first part is the basic concept and development process of electronic ticket. In this section introduces the concept of extraterritorial laws electronic instruments and some of the views of theorists, then define the legal concept of electronic instruments: the drawer through the online ticketing system issued by themselves or entrust others agreed, at the agreed date, unconditionally pay a certain amount of money to the holder or recipient of electronic instructions, from that concept, you can clearly find the electronic negotiable with an electronic, network, security, efficiency, openness and so different from the traditional paper-based characteristics of the negotiable. Secondly, because the electronic negotiable grew out of traditional paper negotiable, electronic negotiable so still have the traditional paper ticket payment, distribution and other functions, but the whole process both from the point of view operation between the two in the right carrier, in the form of requirements, operational procedures, risk control and cost efficiency, and so there is a difference in five aspects. Finally, a brief introduction of electronic notes in our e-commerce market in the course of development, the future of electronic paper market still has much room for development.The second part of the traditional electronic instruments Negotiable Instruments and exclusion rules apply. This section is one of the priorities of this paper. Through the first chapter of the electronic ticket and paper ticket Discrimination, electronic notes can be seen, though still belong to the category negotiable, but it significantly different from conventional instruments. And China's current "Negotiable Instruments" and set against a traditional instrument, and therefore the relevant rules of the traditional Negotiable Instruments analyzed to ascertain when building electronic instruments legal system, need to adhere to, to change the rules and traditions of Negotiable Instruments exclusion. First, electronic negotiable intended to apply the traditional rules. Traditional instruments follow the basic principles without cause, independence, formality, context, etc. Similarly, electronic negotiable should follow the above principles, therefore reflect these principles negotiable traditional rules still apply to electronic tickets. Secondly, the traditional rules of electronic notes negotiable should be amended. For the signature, payment review, publicity and other rules of traditional instruments, the electronic notes in the above rules still apply, but based on the particularity of electronic negotiable, be changed to deal with the above rules apply. For example, an electronic signature negotiable is through the electronic signature of the way, the current "electronic signature law" has also been conferred with the traditional handwritten signature the same legal effect. Finally, the traditional rules of the electronic notes should be excluded from the negotiable. On the one hand, the electronic ticket in the electronic information system running on the network, once the negotiable into clearinghouse "negotiable pool", that is impossible ticket loss, and therefore no longer apply to pay and the public notice to report the loss of traditional instruments. Meanwhile, the electronic negotiable also received a unique Security Code, through networking query, you can directly identify the authenticity of negotiable, so the traditional instruments of forged or altered rules no longer apply to electronic tickets. On the other hand, electronic notes in circulation have instantaneous, virtual, in order to ensure the efficiency of its circulation, the negotiable does not require the parties to a place of acceptance and so on, so the exercise of the rights of traditional instruments premises rule no longer applies to electronic tickets.The third part is the study of electronic notes legislative mode. Due to the creation of electronic instruments in line with the rule of law, on the one hand, to examine the experience of extraterritorial legislation advanced electronic negotiable, including legislation United Nations, the United States, Japan and Taiwan of China and other relevant electronic instruments, thus summed up electronic negotiable extraterritorial legislation three legislative models and concluded that they have common basic principles, including international and local nature inclusive, functional equivalents, technology-neutral, basic principles of fault liability; on the other hand, analysis of the status quo of China's electronic negotiable of legislation: Only "Negotiable Instruments", "Electronic signature Law", "e-commerce negotiable management approach" and other laws and regulations, there is no more perfect legal system of electronic negotiable, especially the "Negotiable Instruments" system developed for traditional paper negotiable, reflecting our negotiable core legislation lack of electronic negotiable rule, resulting in the legal status of electronic instruments is unknown.The fourth part is to build China's electronic negotiable legal system. This section is another focus of this article. First set forth three views of the current legislation on electronic modes of theorists negotiable, and choose the current situation for the development of China's electronic negotiable of legislative model-modify the current "Negotiable Instruments"; Secondly, the current "Negotiable Instruments" modified concrete way, by modifying the clear electronic instruments, electronic signatures legal status, and expressly excludes lost instrument, the public notice rules, negotiable and other traditional paper tickets flaws apply to electronic notes; again, proposed the creation of electronic notes legal rules specific initiatives, mainly electronic negotiable running process including the rules of legal subjects customers, online banking, electronic clearing center, electronic ticket authentication service agencies as well as the legal relationship between them and other rules. Finally, to improve electronic negotiable supporting legal system, including electronic negotiable legal liability system, the credit rating system and market supervision system.The ancients said: "One who wishes to be good at his work should sharpen his tools first." Therefore, I believe, for the protection of electronic instruments in the development prospects of China, as well as an effective response to electronic negotiable during the operation appeared in a variety of legal risks, it is necessary for electronic negotiable to modify and improve the legal system, to build our country in line with the status quo of electronic notes adaptation of the legal system, so as to provide a unified electronic negotiable run, clear legal rules, truly electronic negotiable run according to the law, in order to promote the harmonious development of electronic negotiable market.