Research On The Legal System Of Electronic Commercial Drafts

On the basis of the electronic development trend of the modern financial industry,electronic commercial drafts are playing increasingly important roles in the economic life.Currently,The People's Bank of China is actively preparing for the establishment of a national draft trading center.Electronic commercial drafts will have a greater development space in the future,getting more policy support.However,there is still a series of legal issues in the practice and system design of the electronic commercial drafts.How to improve legislation and better adapt to the requirements of electronic transactions is the theoretical significance of this thesis topic.This article from the system level,the use of comparative analysis,system analysis,literature research methods,analyses the legal system of China's electronic commercial drafts.This article is divided into four parts to discuss the legal issues of electronic commercial drafts in china.The first part of the article,put forward the emergence of electronic commercial drafts is a challenge to the traditional draft law in our country,mainly from three levels to analyze.First of all,electronic commercial drafts in form pose challenges to the written form and original requirement of traditional drafts.Secondly,in the aspect of traditional drafts behavior,electronic commercial drafts in the signature and delivery requirements are different from traditional drafts.Finally,it discusses the difference of the rights and obligations of the parties to the electronic commercial drafts.The second part of this article focuses on the legal status of the parties in the electronic commercial drafts.This article mainly from the drawer,the payee,the payer three angles to analyze the status of the party's particularity,compared with the traditional drafts.At the same time,this article explores the similarities and differences of other parties in the legal relationship of the negotiable instruments,to consider the existing system and put forward some suggestions.In this paper,the third part of the legislation on the electronic drafts should be on the basis of the system of reconciliation.First of all,starting with the behavior of the bill,the paper focuses on the exclusion and adaptation of the electronic commercial drafts to the traditional rules of the bill.Secondly,from the issue of the rights of the parties to the electronic commercial drafts,this paper expounds the features of the electronic drafts from the aspects of the expression form of the infringement and the relief means.Finally,analyze issues related to the identification of the parties' responsibilities in electronic commercial drafts.The fourth part of this paper,aiming at the particularity of the electronic commercial drafts and the related legal issues,puts forward some suggestions to improve the system of electronic commercial drafts in China.This part makes analysis on the improvement of Negotiable Instruments Law's legislation,electronic commercial drafts relief system design and the system design of determination of legal responsibility.