On The Significance Of Pledge Endorsement In The Establishment Of Bill Pledge

As an important tool in commodity economy,bill has great liquidity,convenience and security.With the maturity of market economy and the continuous expansion of financing demand,bill pledge has become an important way of pledge guarantee because of its advantages.However,The Negotiable Instruments Law and its judicial interpretation,The Guarantee Law and its judicial interpretation,The Property Law on the pledge of bills are not the same,which leads to theoretical disputes and conflicts in judicial practice.This is especially reflected in whether the pledge endorsement is the effective element or the antagonistic element of the bill pledge.The core of solving the dispute of pledge endorsement is to clarify the significance of the word "pledge" and delivery in the establishment of bill pledge.Whether there is a record of the word "pledge" determines the nature of the endorsement of the bill rather than whether the pledge of the bill can be established,and the pledge of the bill can also be set up only by endorsement and not by the pledge endorsement.But the bill pledge can not be established based on the delivery and pledge contract.At present,there are more and more electronic bill pledge in the practice of bill in our country.As a new form of bill,the meaning of the word "pledge" and delivery in its pledge establishment is very different from that of the traditional paper bill.Only after registration can the electronic bill be pledged,that is,the "delivery" and "endorsement" in the traditional bill can be replaced by "registration".Based on the above ideas,this paper will be divided into four parts to elaborate.The first part combs the disputes existing in the pledge endorsement in our country,and sums up two key problems to solve the disputes,namely,the problem of recording the word "pledge" in the establishment of bill pledge and the problem of delivery in the establishment of bill pledge.The second part analyzes the significance of the word "pledge" in the establishment of bill pledge.This part is the core content of this paper and the key to clarify the problem of bill pledge.By analyzing the relationship between pledge endorsement and the establishment of bill pledge,this part clarifies the legal significance of the word "pledge" and its role in the establishment of electronic bill pledge.The third part analyzes the significance of delivery in the establishment of bill pledge.This part is also the core content of this paper,which is the basis of judging the effect of pledge endorsement.This part expounds the nature of bill pledge established by delivery,and the establishment of bill pledge and delivery,the scope of the instrument pledge established by delivery and the significance of delivery in the establishment of electronic instrument pledge.The fourth part puts forward some suggestions on the improvement of the relevant laws and regulations of the bill pledge.Based on the above analysis,this part will put forward some suggestions on the provisions of the word "pledge" and the provisions on delivery in our country.