瑕疵票据的效力辨析

Analyze the Effect of the Slight Defective Bill

经济生活中,由于瑕疵票据引发的纠纷时有发生,一个突出问题是如何界定这些带有瑕疵的票据的效力,基本观点是,不能简单地一概予以否定,科学的态度应是区别对待,以主客观标准及当事人对票据的控制能力为标准,进行划分,具有控制能力而未能有效控制的,可以按无效票据处理,相反对票据不具有控制能力的,可以认定为有效票据,以避免使其承担较重风险责任。瑕疵票据效力的判定,其结果直接导致相关当事人风险责任的承担,关系该票据的命运,也间接影响着票据在经济生活中的流通和使用。

In economic life,because the disputes brought by defective bills often occur,a prominent question is how to definit the effect of these defective bills. The author thinks that the defective bills should not be denied totally, but definit their effect respectively. That is to say,we should take the subjective and objective standard and the bill control of the parties as the standard,if the parties have bill control ability but not to achieve effectively, we regard the bill as invalid bill;if the parties don＇t have bill control ability, we regard the bill as valid bill. Only thus can the parties avoid undertaking the heavy risk responsibility. The effect determination of the defective bills leads to the correlation party undertaking the risk responsibility,affects the bill＇s destiny,and also affects the bill＇s circulation and use in economic life.