Principle of Bill of Exchange Litigation and Judgment Listing

Author: Wu Qingbao
Publisher:
Publish Date: 2005-01-01
Features: This volume is titled "Principles and Cases of Negotiable Instrument Litigation." Although China's "Negotiable Instruments Law" was only promulgated in 1995 and implemented on January 1, 1996, it is undoubtedly relatively late compared to other more developed market economies. However, as the role of negotiable instruments in China's economic life becomes increasingly important, various disputes related to them continue to emerge. From a practical perspective, negotiable instrument disputes may occur at every stage of their circulation, including issuance, acceptance, endorsement, guarantee, payment, pledge, and discount. These disputes can arise due to different reasons and involve various types. Compared to ordinary civil disputes, the adjudication of negotiable instrument dispute cases has relatively independent characteristics. Moreover, due to the strong technical and professional nature of negotiable instruments law, non-professionals find it difficult to fully understand and master it. As a result, in judicial practice, negotiable instrument disputes are often not resolved promptly, and the rights and interests of the parties involved in negotiable instruments are hard to protect in a timely and effective manner. Therefore, how negotiable instrument parties and judicial workers can correctly understand and master the Negotiable Instruments Law and its related provisions, and resolve disputes promptly, legally, and effectively, is a major issue that needs to be addressed in the practice of negotiable instruments. This not only concerns the quality of adjudicating negotiable instrument dispute cases but also relates to the normal operation of the market economy. Thus, exploring the basic principles and patterns of negotiable instrument litigation is a fresh yet important topic in current civil and commercial adjudication and theoretical research.
For a long time, China's research and discussion on commercial law have been influenced by traditional legal research methodologies, generally adopting a theoretical and legal-statement-based approach. As a result, the study of the Negotiable Instruments Law has largely remained dogmatic. There has always been a gap between academic works and practical negotiations. One manifestation of this is that some customary practices in the negotiation of instruments do not align with the legislation, and the theory of the Negotiable Instruments Law cannot always be applied in the adjudication of certain disputes. The research and discussion in this book aim to bridge the gap between the theory of the Negotiable Instruments Law and its practice, as well as between the theory of the Negotiable Instruments Law and judicial practice in this field, and between the theory of the Negotiable Instruments Law and the legislative direction of this law.
The author adopts a combination of theory and practice, first providing an overview of the theoretical knowledge related to negotiable instruments, negotiable legal relationships, and legal relationships related to negotiable instruments in relatively accessible language. Then, in conjunction with practical negotiations, a dedicated chapter is introduced and studied on the general principles of negotiable instrument litigation. Subsequently, based on the main types of negotiable instrument disputes reflected in the practice of negotiable instrument litigation, the basic litigation principles and operational practices of various types of disputes are elaborated in a targeted manner. In addition to the usual divisions in the theory of the Negotiable Instruments Law, this book also focuses on several key areas such as the pledge of negotiable instruments, the discounting of negotiable instruments, and the handling of economic crimes involving negotiable instrument disputes.
Therefore, this book is specifically dedicated to studying negotiable instrument issues from the perspective of negotiable instrument litigation, combining theory and practice. Based on the introduction of the principles of negotiable instrument litigation, the author closely follows judicial precedents, introduces popular theories, analyzes current systems, identifies research topics, and evaluates the pros and cons of judgments. By combining legal knowledge with case analysis, this book provides more practical guidance for legal learners and practitioners, which is the direction of the development of legal books. One of the purposes of this book is to expand legal learning from the past—condensing from condensation, abstracting from abstraction, and conceptualizing from concepts—to amplifying from condensation, concretizing from abstraction, and practicing from concepts, and then returning from practice to theory. This makes the study and research of the Negotiable Instruments Law more concrete and dynamic.