我国票据付款诉讼制度的研究

Study on Litigating System for Bill Payment in China

一旦因遗失、灭失等原因失去票据的时候,失票人就无法行使票据权利。为了使失票人免受这种利益损失,我国票据法规定了挂失止付、公示催告以及请求付款诉讼三种补救措施。其中,请求付款诉讼这一制度是从英美法体系中移植我国的。可是,目前该制度在我国并没有得到很好的普及,原因何在?它与挂失止付、公示催告制度之间的关系如何?等等,将以请求付款诉讼制度为中心展开各种讨论。

In case that bill holder make it lost or destroyed, he can not execute bill holder's right any more. In order that he can be free from this kind of benefit loss, the law of bill in China regulates three remediation measures as below, stop-payment notice, public invitation to assert claims,bring claims payment in a People's Court.Among them, claim payment comes from common law family.However, currently it has not yet well popularized in national wide. So what is the reason for this situation and what is the relation with the other two measures? Based on these issues, I will focus on claim payment to have a deeper discussion in this paper.