试论我国票据挂失止付制度

ON THE PRACTICE OF LOST BILL REPORTING IN CHINA

随着社会主义市场经济的发展,票据在经济流转中的作用越来越大。票据挂失止付作为票据丧失后的一种救济方法虽然为我国银行所肯定,但却缺乏立法依据,影响票据的流通性,不利于保护善意持票人的权利,适用范围也很狭窄,所以应当改革。在我国民事诉讼法规定的公示催告制度的基础上,借鉴国外与境外的经验,建立符合我国国情的当事人挂失止付与法院公示催告相结合的制度,是使它焕发出新的生命力,保障市场经济正常运行的必要措施。

With the development of socialist market economy, bills play an ever greater role in business. The stop of paymetn after reporting of lost bills,though commonly as a remedy accepted by banks of present-day China,nevertheless lacks a legal base. This has affected the circulation of bills by failing to protect the due rights of the bonafide bill holder and limiting the scope of bill application, and therefore calls for a reform. It is desirable to estbalish the China-specific rules between the stop of payment after reporting of lost bills and the declaration and interpellation by the court. These rules need to be based on the declaration and interpellation procdeures as stipulated in the civil prosecution law of China,while referring to the practices outside of China. This has been an imperative for vigouous circulation of bills and th smooth operation of market economy.