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Signature of Negotiable Instruments Law Perspective Notes ----- signature on the bill the provisions of

Abstract: This paper notes the significance of the signature on the instrument and the role of working to explain the signature rule-making, operational concepts and the fundamental starting point, and as a standard analysis of the Negotiable Instruments Law in the signature of the specific content of the rules, pointing out its reasonable and defective, and to the inadequacies of some suggestions for discussion. Keywords: notes notes invalid signature acts of Negotiable Instruments Law Bills one, notes the signature of the instrument significance notes has become a major business activities of trading tools, Since the 12th century have been expanding their functions and types continuously enriched, and gradually and be affirmed for the people of the world wide circulation. In addition to their technical support, naturally there should be attributed to the instrument to ensure the invisible but powerful force, due to debtors on the notes bear the guarantee of debt obligations to fulfill, and the more the number of notes in circulation, notes on the more powerful force to ensure Therefore, in the commercial paper led to the widespread circulation. However, how to determine the debtors, how to determine who is negative on the bills to fulfill warranty obligations of debt? Chinese papers League finishing. According to China Notes on the legal conditions and signature, and recorded in accordance with the matters liable for the instrument. the holder to exercise rights on the bill, according to legal procedures should be signs a negotiable instrument, and present it. Other debtors who signed the instrument, in accordance with notes the matters recorded liable for the instrument. assumes liability for the instrument, which is the basic principle of accountability instruments. specifically addressed several aspects: (1) signature of the drawer is absolutely necessary to record notes one of the issues, notes invalid due to lack of signature of the drawer. The items recorded in notes divided into the necessary basis for the effectiveness of the items recorded, was recorded and the records do not have the effect of issues and bills do not have any effect in the recorded items. Generally the signature of the maker of national legislation to establish the absolute need for the items recorded on paper, China's Recorded as a matter of absolute necessity, if the bill does not generally lead to an invalid record or set up, but there are exceptions - the blank paper (blank paper refers to the notes issued by the drawer when the bill is absolutely deliberate on matters to be recorded is not a blank record, and scheduled to be added later recorded by others, and according to notes contained in the notes the effectiveness of the context of special note occurred.). Blank blank bill is absolutely necessary to record some notes on matters of special instruments, such as the amount of blank paper, blank out the vote and so on. As the blank paper with economic rationality is absolutely necessary so different from the lack of invalid items recorded notes, notes on the blank in the matter of additional general notes after full force and effect. Nevertheless, the law also made on blank paper to certain restrictions, including a requirement that bills must have the signature of the drawer blank (blank notes, some scholars think that if they do not have the signature of the drawer and on behalf of a acceptor or guarantor of the signature, also set up a blank paper, but in any case the perpetrator's signature instrument is indispensable. see Zhao Xinhua, signature is essential, is the value of the key instruments to play. In a sense, is the signature of the maker notes lifeline. (2) notes that the signature is in the form of various elements of instrument behavior. General to pursue civil legal action in the form of the principle of autonomy, to promote any sexual behavior and the relative autonomy; bill is a statutory form of behavior, does not allow parties to decide on or change, notes that type of behavior to be the principle. For signature, even though the expression of the various bills the content of different acts, but the actors are required to sign the instrument, otherwise the behavior of the instrument is not legally effective, the natural behavior of people can not achieve the intended purpose. Zhao Xinhua, as the teacher said: minimum of formal requirements. that the most powerful proof. As a legal act, the perpetrator can not be separated instrument behavior to the principal. Means that the perpetrator is a civil legal action to be inner meaning effect, expressed in a certain way the external behavior. (Ma Jun Ju, I extend full content. However, signing bills and notes written in the form means that when the instrument plays a different role, notes that a paper record of the content of the act, and bills signed by the behavior shown is the main instrument; notes may act according to law He recorded this matter should belong to authorize others to record, and can be determined for recorded items (such as blank paper), (Zhao Xinhua: signatures are generally acts by the perpetrator at the immediate effect, otherwise the problem may have counterfeit notes. Seen in this light, although the same as the meaning of that content, compared to the signature on the bill is more interested actors, as long as the perpetrator of the signature on the instrument to identify the perpetrator acts with the implementation of the bill means said; but only recorded on the instrument related issues can not be determined due to the perpetrator and makes notes recorded meaningless. Therefore, the paper signature is to determine whether the perpetrator has a note on the meaning of that sign and decisive factor. Practice, national legislation is also based on paper notes the context of the characteristics of the perpetrator's intention in the issue, adopted the practice that doctrine, that the appearance of notes to determine the effectiveness of behavior, do not ask actors to implement Note behavior meaning that is true, as long as the signature instrument, shall be unconditional bona fide holder to carry the debt instrument. Second, notes and bills signed legislative concept paper in order to ensure and promote the realization of economic function, Negotiable Instruments Law came into being. Negotiable Instruments Law departure from customary business transactions, business experience in the sum on the basis of a series of bills designed rules. And ethics rules strictly reflect the good and evil is different is that notes how to implement the provisions of the rules focus on the bills act, how to exercise, preserve, protect rights instruments; this program norms must be understood only after people familiar with the use of known, it has the technical characteristics, a technical specification. (Yedong Wen: Legislative bills start around the notes, the survival of the Notes development. In order to make the effectiveness of economic instruments to play, Negotiable Instruments Law aside the traditional transaction-based respect for the individual, the focus shifted to protecting the interests of society, the emphasis on safeguarding the interests of a third party trust, giving the instrument a series of where the context of, and without reason to type, etc., in order to facilitate the circulation of notes and transaction implementation. From the above analysis, we get inspiration is: Since the Negotiable Instruments Law is a technical specification, national legislation making notes, do not have to rigidly adhere to general social ethics restrictions, to maintain the flow of transaction security and notes starting , taking into account the relative justice of social protection, not to lose the greater, confused priorities. In other words,[link widoczny dla zalogowanych], we should be conducive to the notes in circulation and transaction security as a measure of the underlying instrument standards of reasonable rules. Paper signature rules as part of the rule notes, not only have the Negotiable Instruments technical in nature and should strictly follow the bills and legislation reflect the fundamental concept. Whether the draft signed rules, or the use of notes in circulation and transactions must be to maximize the safety of the core,[link widoczny dla zalogowanych], must not prejudice the notes in circulation and prejudicial transactions. Three rules for the signature of Bill signer because the burden of paper bills on liability, where there is no signature on the instrument may not be liable for the instrument, based on the signature in the paper on the status of all countries in the Negotiable Instruments Law in the signature on the paper a detailed provisions. Around the draft signed between the legal norms established by interrelated constraints, interaction,[link widoczny dla zalogowanych], forming the basic rules of the draft signed. According to China Note the way the signature is divided into three types: ① signature. Means that the perpetrator personally write the notes on their names or the name of the signature is the most primitive way of notes. From the original sense, only the handwritten signature, the signature should be fully reflected the legal significance of bills. ② seal. Seal is the signature of the flexible approach, means the instrument will act according to their own people, by stamping his seal on the bill, thus completing the instrument signature. Compared with the handwritten signature and seal were identified with a simple appearance in the form of fixed characteristics (Zhao Xinhua: perpetrator personally, may be the perpetrator of the unauthorized use of stamp paper so that it assumes responsibility for the situation, so the seal in this way, the behavior should be treated with caution. ③ signature plus seal. Refers to the handwritten signature during the same time, re-seal is a signature method of double bills. Although the signature and seal of the way and a separate stamped signature or a separate one with the full effect of (Zhao Xinhua: 2. Notes on the signature of the person's real name should be. Accordance with the law in terms of natural persons, whose real name refers to the name on the household registration or ID card; of the legal person or other units, corporate, industrial and commercial registration shall be in their business name or business name on the business license. (Early JIANG Jian, Zhang strong China
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