Principle and Case Law of Bill Litigation

Author: Wu Qingbao
Publisher:
Publish Date: 2005-03-01
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 countries with 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 arise at every stage of their circulation, including issuance, acceptance, endorsement, guarantee, payment, pledge, and discount. These disputes can occur for various reasons and involve different types. Compared to ordinary civil disputes, the adjudication of negotiable instrument disputes has relatively independent characteristics. Moreover, due to the highly technical and specialized 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 often fail to be resolved promptly, and the rights and interests of the parties involved 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 regulations, and resolve disputes in a timely, lawful, and effective manner, 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 disputes but also relates to the smooth 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, often focusing on theories and legal provisions in isolation. This has led to a largely dogmatic tendency in the study of the Negotiable Instruments Law. There has always been a gap between academic works and practical negotiations; one manifestation of this is that some common practices in the practice of negotiable instruments do not align with the legislation, and the theory of 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, and the direction of legislative development.
The author adopts a combination of theory and practice, using relatively accessible language to first outline the knowledge of theoretical categories related to negotiable instruments, negotiable legal relationships, and legal relationships related to negotiable instruments. Then, in conjunction with practical negotiations, a dedicated chapter is introduced and studied on the general principles of negotiable instrument litigation. Subsequently, in response to 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 detail. In addition to the usual divisions made by the theory of the Negotiable Instruments Law, this book also focuses on several key areas such as the pledge of negotiable instruments, the discount of negotiable instruments, and the handling of economic crimes involving negotiable instrument disputes.
Therefore, this book is dedicated to researching 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. This is the direction of the development of legal books. One of the purposes of this book is to expand legal learning from the past—where it moved from condensation to condensation, from abstraction to abstraction, and from concept to concept—to now moving from condensation to amplification, from abstraction to specificity, and from concept to practice, and then back from practice to theory. This makes the study and research of the Negotiable Instruments Law more concrete and dynamic.