Practice Research On Bill Recourse And Legislative Thinking

As one of the core rights in the legal relationship of negotiable instruments,the right of recourse for negotiable instruments is the most important and the last and only way of relief for the negotiable instruments holder after the payment request cannot be realized.Its importance to the holder is self-evident.According to China’s current bill related laws,the exercise of the right of recourse has its specific steps and strict procedures.Whether the purpose of the right of recourse can be realized or supported by the court is closely related to these steps and procedures.As the main legal basis for adjusting the relationship between negotiable instruments in China,the Law on Negotiable instruments was first promulgated in 1995 and implemented on January 1,1996.In 2004,the Law on Negotiable Instruments was revised and adjusted in a small range,but the overall change was not significant.Since then,it has been used to this day.However,with the rapid development of society,there are more and more cases involving negotiable instruments disputes,among which the most important is the dispute over the right of recourse on negotiable instruments.In recent years,because the right of recourse dispute case increasingly diverse,and the regulation of long-term for the cause of the change and the emergence of new paper carrier electronic paper,makes a lot of judicial judge in the face of there was a value that is differ,some legal problems of different connection with the given situation,so as to expose the deficiency of the negotiable instrument law existing in our country,Influence the authority of law and judicial credibility.From the perspective of practice,the author takes the dispute of bill recourse as the research topic,and through reading a large number of judicial cases,summarizes the four problems exposed in the application process of China’s Bill Law in the field of judicial practice.That is,the application space during the exercise of the right of re-recourse is limited,the identification standard of proof of refusal is obviously different,the phenomenon of abusing discretionary power to add litigants is common,and the identification of the scope of the cost of recovery is beyond the provisions of the Bill Law.This paper analyzes the causes of these problems one by one,according to the analysis of conclusion sums up the current of the negotiable instrument law in the legislation requires adjustment,finally from the legislative level for each problem put forward concrete Suggestions on modification,in order to eliminate the ambiguity of legal application,provide clear and unified legal basis for judicial decisions.