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随着我国社会主义市场经济体制的确立和金融体制改革的深化,票据所具有的支付、流通、信用、结算和融资等作用日益为人们所重视;同时,由于大量携带现金诸多不便,票据安全、方便的特点就更显突出。所以,市场经济的发展,促进了商品交易愈加频繁,而交易的频繁发生,又必然导致票据的广泛使用。随着票据的广泛使用,票据丧失问题也随之而来。因票据丧失涉及失票人及有关当事人的重大利益,各国立法对此都十分重视,大都通过《票据法》和《诉讼法》对失票后的补救措施作出专门规定。我国《票据法》第15条对此也作了专门规定:“票据丧失,失票人可以及时通知票据的付款人挂失止付。”、“失票人应当在通知挂失止付后3日内,也可以在票据丧失后,依法向人民法院申请公示催告或者向人民法院提起诉讼。”因此,我国失票后的补救措施包括挂失止付、公示催告和提起诉讼三种方式。但是依《票据法》上述规定,挂失止付只是供失票人选择的一种程序性应急措施。失票人要真正实现自己的票据权利,还必须在法定期限内(即挂失止付后3日内)向人民法院申请公示催告或起诉。同时失票人也可不经挂失止付,直接向人民法院申请公示催告或起诉。由此可知,只有公示催告和起诉才能最终起到维护失票人票据权利的作用。规定公示催告和起诉是
With the establishment of China’s socialist market economic system and the deepening of the reform of the financial system, the functions of bills such as payment, circulation, credit, settlement and financing are increasingly valued by people. At the same time, due to the inconvenience of carrying large amounts of cash, the security of bills, Convenient features even more prominent. Therefore, the development of a market economy has promoted more frequent commodity transactions and the frequent occurrence of transactions inevitably leads to the widespread use of bills. With the widespread use of bills, the problem of loss of tickets has also arisen. Due to the loss of negotiable instruments involving the loss of the people and the parties concerned the major interests of all countries attach great importance to this legislation, most of them through the “Notes Law” and “Procedural Law” to make special provisions for the remedies after the loss of votes. Article 15 of the “Notes Law” of our country also makes special provisions on this: “If the bills are lost, the loss-making person can promptly notify the payers of the bills to report the loss or stop payment.” “The loss-notifying person shall, within 3 days after the notice of the loss is stopped and stopped, After the bill is lost, it may also apply to the people’s court for public notification of the suit or bring a lawsuit to the people’s court. ”Therefore, remedies after the loss of our country’s bills include three methods, namely, reporting the loss, stopping proclamations and suing. However, according to the “Notes Law” above, the reporting of loss and stop-loss is only a procedural emergency measure for the loss-taker to choose. The loss of people to truly realize their rights to negotiable instruments, but also must be within the statutory time limit (that is, within 3 days after the reporting of the loss of stop payment) to the people’s court for public notice or prosecution. At the same time, the loss-making person may also apply for public notification or prosecution directly to the people’s court without reporting the loss. From this, we can see that only the public notice and prosecution can eventually play the role of the ticket holder’s rights. Provisions Public Notice and Prosecution Yes