Effectiveness Of Blank Endorsement Transfer Of Bills Of Exchange

The validity of blank endorsement of bills of exchange is a controversial issue at present.Based on the judicial practice,this paper tries to find out the most suitable method to make the blank endorsement transfer auxiliary bill play its circulation and contribute to the perfection of China's commercial legal system.The structure of this paper consists of introduction,main text and conclusion.The main text consists of three chapters.The first chapter introduces the attitude towards blank endorsement transfer in China's current judicial practice.By analyzing the current research situation at home and abroad,it points out that it is common practice to recognize the validity of blank endorsement transfer.In the second chapter,the dispute over the validity of blank endorsement is essentially the conflict and balance between the value of transaction security and the value of autonomy of will.Then,the article comments on the views of approval and opposition,trying to strike a balance of interests between them.The third chapter is the legal analysis of blank endorsement system.This paper holds that the transfer of blank endorsement is in essence a special transfer of creditor's rights.On this theoretical basis,the rationality of the transfer of blank endorsement is further demonstrated through the comparison of domestic and foreign legislation,the discussion of legal basis,the analysis of legal application and the basis of social practice.The fourth chapter is the perfection of blank endorsement system in China.On the basis of the above theoretical and practical argumentation,it is proposed that the application of blank endorsement should be perfected through various ways,including amending Article 30 of the Law on Negotiable Instruments,granting the holder the right to make up,allowing and perfecting the retransfer of blank endorsement,and decriminalizing the folk discount business.The conclusion part summarizes the full text,supports the effect of blank endorsement transfer,and points out its shortcomings in order to improve the bill legislation system.