【作者】 刘雪艳；

【导师】 赵新华；

【作者基本信息】 吉林大学 ， 法律， 2008， 硕士

【摘要】 改革开放,尤其是市场经济体制的确立,为我国票据制度的推行和票据立法带来了契机。1996年1月1日《中华人民共和国票据法》的实施,标志着我国票据活动已经进入法制轨道,对我国社会主义市场经济法律体系的形成和发展具有划时代的意义。随着中国市场经济的发展,票据日益成为交易、信用、融资必不可少的工具。票据的特点在于流通,票据流通的基础又在于票据的转让,因为票据具有可转让性。票据流通除了交付转让外,主要是通过背书转让完成的。背书是一切有价证券权利转让的重要方式,《支付结算办法》第33条规定:“以背书转让的票据,背书应当连续。持票人以背书的连续,证明其票据权利”,而对取得背书不连续票据的持票人,票据债务人可以拒绝付款。因而背书的连续是影响票据权利人的票据权利的重要因素。但我国现行票据法对背书连续认定的规定过于笼统,票据实务中对背书连续的认定也五花八门,这严重影响了票据流通、支付、信用等功能的正常发挥,损害了有关票据当事人的权益。因此,有必要理清背书连续认定的标准。本文通过对背书连续的概念、效力及其认定要件的阐述,论证了背书连续认定对于票据转让的重大现实意义;然后分析说明了背书连续认定过程中的一般问题,包括背书不得记载事项、无效签章等对背书连续认定的影响;也分析了背书连续认定过程中的特别问题,包括空白背书、伪造背书等对背书连续认定的影响。更多还原

【Abstract】 In modern trade, two sides often lie in different places or nations, so it is frequent to need to exchange or transfer money. The bill becomes the best tool of trade between different places. Currency is the characteristic of bill,and the foundation of bill’s currency lies in transference of bill. Currency of bill depends mainly on endorsement besides delivery. The succession of endorsement refers that the endorsee of ante-endorsement is the endorser of subsequent endorsement in the endorsements of bill from original assignee to last holder and so the endorsements are consecutive. The succession of endorsement comes down to the validity of bill’s transference. Furthermore it impact on the currency of bill. So it is one of the nuclear problems of livelong bill system. However, there is not consolidated prescribe about how to recognize the succession of endorsement in our country at present. Thus it is important for endorsement use and transference to make clear how to recognize the succession of endorsement.The paper discusses general and especial problems in recognizing the succession of endorsement beginning from it’s important documents. And the paper consists of three parts. The first section is the survey of recognizing the succession of endorsement; The second section is the general problems in recognizing the succession of endorsement; The third section is the especial problems in recognizing the succession of endorsement.The first section is the survey of recognizing the succession of endorsement. It expatiate the important documents in recognizing the succession of endorsement, explaining its great meaning in theory and practice. The succession of endorsement refers that the endorsee of ante- endorsement is the endorser of subsequent endorsement in the endorsements of bill from original assignee to last holder and so the endorsements are consecutive. The important documents in recognizing the succession of endorsement include the validity of every endorsement, the succession of endorsement’s recordation and the identity of endorser and endorsee. It has great significance to recognize the succession of endorsement for holder, payer and owner gaining bill by successive endorsement.The second section is the general problems in recognizing the succession of endorsement. The forbidden records may interrupt series of endorsement of bill. Invalid signatures play an impact on recognizing the succession of endorsement. As to the identity of endorser and endorsee, the endorsement can be deemed to be successive if they are admittedly one man though it is different between shortened form and full name. Invalid endorsement also has influence on the succession of signatures. When name of endorsee is redirected, we should recognize the succession of endorsement according to the redirected name. The endorsement may be regarded to be successive when the print is redirected.The third section is the especial problems in recognizing the succession of endorsement. The holder may prove his rights of bill by occupancy when original bill with blank endorsement is transferred with successive endorsement. In artificial endorsement of bill , only if the artificial endorsement accorded with the regulations concerned form of endorsement,the artificial endorsement would have no influence on the succession of endorsement of bill. The obliteration made by holder has no influence on the successive endorsement of bill. When the obliteration made by endorser has influence on the successive endorsement of bill,it can be regarded that no obliteration made by endorser. Whereas,when the obliteration made by endorser has no influence on the successive endorsement of bill,it can be acknowledged that no obliteration records. In endorsement by mandate, when the indorsed person take money by agency,the succession of endorsement inspected has the same standards as the common one. Endorsement of pledge has the similar principles and standards. The derivative acquisition of bills may cause certain degree effects on the succession of endorsement.In a word, bill system is indispensable economy system and legal system. In economy the bill has many functions such as payment, currency, financing, credit and so on .It is of great negotiability. Bill system is the guarantee of bill currency’s rapidity and safety. As a result it is of great importance to perfect our bill system. But our law has on uniform provision about how to recognize the succession of endorsement needing be perfected to be suit for the development of market economy and international trade.更多还原