完善票据利益返还请求权的立法思考

On the Perfection of Resitution Right of Negotiable Instrument Interest

票据利益返还请求权制度是为了平衡当事人的权益而设立的制度,但我国票据法对此问题的规定却不太完善,给平衡当事人权益造成一定困难。本文试图从票据利益返还请求权的基础理论和立法上加以探讨,试图弥补我国票据法的缺陷,正确确立我国的票据利益返还请求权制度,二次平衡当事人的利益。

This named system serves as balancing the interest between interested parties of negotiable instrument, but the current legislature—Negotiable Instrument Law leaves this point unperfected, causing difficulties in dealing with the interest between parties. This thesis searches mainly regarding the basic theory and legislature of that restitution right, in order that the setback of the named law might be remedied, and the proper system on that restitution right be established, henceforth interest between the parties be balanced.