近年来,我国银行普遍恢复和开展了商业汇票承兑贴现业务,实施了以票据为主的新的结算制度,票据作为重要的信用工具和支付手段,其适用的范围不断地扩大。与此同时,由于各种原因致使票据(主要是商业汇票)到期不获付款,执票人为行使追索权而诉请人民法院裁决的纠纷案件也逐渐增多。 从人民法院受理这类案件的情况看,其主要特点:一是因商业汇票经银行承兑和贴现,使银行处于诉讼法律关系的原告、被告的居多;二是争讼的票面 In recent years, banks in our country have generally resumed and launched commercial bills acceptance discounted business, and implemented a new settlement system mainly based on bills. As an important credit tool and payment instrument, bills have been expanding in scope. In the meantime, due to various reasons, bills (mainly commercial bills) are not due for payment, the number of cases in which petty lawyers petition the people’s courts for adjudication to exercise recourse also gradually increases. Judging from the cases handled by the People’s Court for such cases, the main features are as follows: First, commercial bank bills are accepted and discounted by the banks so that the majority of the plaintiffs and defendants are in the legal relationship with the litigation; secondly, the face of the litigation