伪报票据遗失的法律问题探讨

Legal Problems of Misrepresenting Losing Negotiable Instruments

票据权利行使的前提是持有票据,如果申请人向人民法院伪报票据遗失,由此引发的法律后果不仅给善意票据当事人造成损失,还会影响票据流通。造成伪报票据行为屡禁不止的原因主要是我国法律对票据遗失的公示催告和除权判决的程序不明确,对法律条文理解不统一,同时对伪报票据遗失是否构成刑事犯罪也存在争议,为伪报票据遗失行为留下空间。而完善和修改有关法律规定、加强实体审查、明确伪报票据行为的法律关系性质等,则能够最大限度地减少伪报票据行为的发生。

Holding negotiable instruments is the precondition of implementing their rights. If the holder misrepresents that the instruments have been lost to the people＇ s court, the legal consequences triggered by it not only will bring losses to those related kind parties but also will affect the circulation of instruments. The causes of misrepresenting losing instruments are that it is not clear in China＇ s law for the publicity and interpellation of lost instruments and for the process of invalidating judgement and the disunity on the understanding of related legal provisions. Besides, there are disputes on whether misrepresenting losing instruments is a criminal offence, which leaves room for the activities of misrepresenting losing instruments. In order to maximally decrease the occurrences of misrepresenting losing instruments, we should perfect and advise relative laws and regulations, strengthen entities investigated and clear the nature of legal relations on the activities of misrepresenting losing instruments, etc.