无过错付款人对出票伪造的风险责任研究

On the Liability of Drawee without Fault in the Risk of Forged Drawing

出票伪造风险负担问题是票据法领域一个很有特色的问题,既与票据法的基本理论密切相关,也具有很强的现实意义。对此问题不同国家有着不同的规定。我国这方面的司法经验与学术研究都较为欠缺,有探讨的必要。

The allocation of risk in forged drawing is a matter of special characteristic in the field of the law for drafts, which is closely related to the fundamental theories and of practical significance as well. Different laws and regulations are formulated and enacted in different countries. However, judicial experience and academic research are insufficient in this respect in China, which deserves exploration and discussion. Based on the analysis on stipulations and principles of forged drawing in the two main legal systems, this article tries to conduct a detailed analysis with justice on risk bearing in forged drawing when the drawee is without fault, and points out certain improvements to be made in current legislation for drafts in China.