我国票据流通制度之完善与重构

Reconstruction on Negotiation System of Bills in China

实施十余年的《票据法》亟待修正。票据的生命在于流通,重塑票据流通规则与制度,是完善我国《票据法》的关键。应当修正现有立法技术缺陷,完善票据无因性原则,明确票据的背书与交付转让方式,全面承认空白票据效力,完善背书资格、再背书限制、期后背书效力等规定,真正促进票据的高效流通。

After having been implemented for about ten years,Law of Bill is in badly need of modification. The reconstruction of rules and systems of the negotiability of bill is the key to improve our Law of Bill. First,the defects of existing legislation technology should be remedied,and the principle of abstractness should be improved. Second,the endorsement and negotiation by delivery should be definite,and the force of the blank bill should be recognized completely. Third,we should improve the regulations in such aspects in the qualification of endorsement,the restriction of re-endorment,and the efecct of endorment on overdue bills,and support an effencient circulation of bills.