票据丧失后的法律救济措施及其完善

The legal relief measures and improvement after the loss of bills

随着市场经济的快速发展,支付方式日益增多,票据作为当今有价证券的载体之一,以其特有的流通性和无因性在市场交易活动和日常生活中被广泛使用,成为市场经济不可或缺的结算手段。但是票据丢失的现象屡见不鲜,由于票据所表示的权利与票据的不可分离性,丧失票据相当于丧失了票据权利,其独有的流通性会导致失票人、付款人、善意第三人无法预见票据的真实性而使自身利益受损,故票据丧失的法律救济措施对保障票据权利人利益以及促进票据流通至关重要。

With the rapid development of market economy and increasing payment methods, bills, as one of the carriers of modern credit vouchers, are widely used in market transaction activities and daily life with their unique circulation and non-cause, and gradually become an indispensable settlement tool for people’s daily life and market economy.But the loss of bills also exists in large numbers.Because the rights expressed in the bill are inseparable from the bills, the loss of the bill is equal to the loss of the bill rights, and the loss of the bill will lead to the loss of the bill, the payer and the goodwill third party can not foresee the authenticity of the bill, which will cause the loss of their own interests.Therefore, the legal remedy measures for the loss of bills are the core content of the development of bills’ circulation.