论空白背书法律专业论文.docx

1 1 2 2 Abstract Since the reform and opening up, along with the establishment and development of market economy system in our country , negotiable instruments began to rise in our country and develop. Over the 16 years from negotiable instruments law of the Peoples Republic of China to today, the market economy in China has developed rapidly and negotiable instruments is increasingly becoming an indispensable tool for transaction, credit, financing. Liquidity is the main characteristics of the negotiable instruments, and transfer including direct delivery transfer and transfer endorsement works as its basis. negotiable instruments circulation is mainly through the endorsement assignment. Endorsement is one important way for all securities rights transfer , and endorsement transfer includes two transfer mode : endorsement to order and blank endorsed. Our country uses the endorsement to order , although legislation has not admitted the blank endorsed way, for many reasons in the process of negotiable instruments transfer endorsement there appears a large number of blank endorsed . So a series of related problems that is related to blank endorsed emerged. These problems in the practice of blank endorsed are just the problems that are difficult to deal with at present in our country. Under this background, through the analysis of blank endorsed classic case this paper draws three focus, that are the effect problem about blank endorsed, the added right about blank endorsed and the continuity of blank endorsed . This paper will analyze the three focus problems, get the conclusion on this basis and put forward some suggestions to perfect our blank endorsed system , in order to enrich our blank endorsed system theory. The concrete structure is as follows: Firstly, this paper introduces the basic situation of the case. Secondly, this paper puts forward the dispute focus, that is the validity of the blank endorsed, added right problem of blank endorsed, the continuity of bla