票据丧失法律救济的几个问题

Some Issues about Legal Remedies of Loss of Bill

票据是票据权利的载体,票据丧失,持票人就失去了行使票据权利的物质依据。失票人必须及时依法采取有效的救济措施,才能使票据权利最终得以实现。但我国现行法律对票据丧失救济的规定还不够完善,难以充分维护失票人的合法利益。为此,本文就票据丧失的挂失止付、公示催告和提起诉讼三种救济制度的有关问题进行了初步探讨。

Bill is the carrier of the holder's right,and loss of bill means that the holder loses the material basis of exercising the right. In this case the loser should take immediate remedial measures in order to retrieve his right concerning the bill.However,the current law in China about the remedies of loss of bill is not perfect in that it cannot fully safeguard the lawful rights and interests of the loser.The author here presents his views on some issues in the three remedial systems including reporting the loss and stopping payment,public summons and proceedings.