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随着我国社会主义市场经济的不断发展和完善,票据作为支付工具和结算手段的功能得到了充分的实现,其信用功能、流通功能和融资功能也越来越得到了加强。伴随着票据在我国经济交往中越来越广泛地被采用,各种与票据相关的纠纷也在逐渐增多。这些票据纠纷如果不能及时得到妥善合理的解决,不仅会给当事人造成直接的权利损害,而且会直接影响我国社会主义市场经济的正常运行。我国现行的《民事诉讼法》并未规定票据诉讼的特别程序,而普通诉讼程序的设置又没有充分考虑票据和票据纠纷的复杂性和特殊性,其审理程序复杂,诉讼时间较长,不利于票据纠纷的及时、有效处理。故此,必须通过立法加以完善。本文通过对票据纠纷之特点的分析,借鉴国外对票据诉讼的立法经验,对我国设立票据诉讼特别程序的必要性进行了深入探究,并在此基础上提出了设立我国票据诉讼特别程序的具体建议。
With the continuous development and improvement of China’s socialist market economy, the functions of bills as a payment instrument and settlement instrument have been fully realized, and their credit functions, circulation functions and financing functions have also been increasingly strengthened. Along with the fact that the instruments are adopted more and more widely in the economic exchanges in our country, all kinds of disputes related to the instruments are also gradually increasing. If these negotiable instruments can not be dealt with in a timely and reasonable manner, they will not only cause direct damage to the parties, but will also directly affect the normal operation of China’s socialist market economy. The current “Civil Procedure Law” in our country does not stipulate the special procedure of bills litigation. However, the setting of ordinary litigation procedure fails to fully consider the complexity and particularity of negotiable instruments and negotiable instruments. The trial procedure is complicated and the litigation time is long, which is unfavorable to Ticket disputes timely and effective handling. Therefore, it must be perfected through legislation. Based on the analysis of the characteristics of negotiableorse bill, drawing lessons from the experience of foreign legislation on negotiableat negotiable instrument, this article makes a deep inquiry into the necessity of setting up special proceeding of bill litigation in our country, and on this basis puts forward the specific suggestion .