票据行为无因性立法之检视

The Legislative Estimate of the Act on Commercial Instrument as An Abstract Act

票据行为有无效力 ,与作为其发生前提的实质性的原因关系相分离 ,不受原因关系的存废或者其效力有无的影响 ,这一现代票据法的基本原则早已为国际社会所普遍承认和遵守。然而该原则至今仍未在我国的法律理论和票据业务实践中形成共识。随着我国对外开放的不断深入 ,与各国经济联系日益密切与广泛 ,轻易否定或者模糊界定票据行为的无因性原则都会对我国融入经济全球化和一体化的进程产生巨大的影响。因此我国应在法律上明确确立票据行为的无因性原则 ,使之更好地为社会主义市场经济健康、有序地发展服务。

act refers to the validity of the act on commercial instrument is separated from the cause relation, so the cause relation have no influence on the act on commercial instrument. The principle has been widely acknowledged in the world as a basic principle of the bill law. However, it is a pity that by now it has not gained common acceptance in legal theory and bill operation in China. With the deepening of China's open up policy, China has developed wider and closer economic relationships with other countries. It will bring great impact on China's economic globalizing process to easily deny or ambiguously define the act on commercial instrument as an abstract act principle. It is proposed that China should establish definite that principle, so as to better serve healthy and orderly development of China's social market economy.