论文部分内容阅读
根据我国票据法的相关规定,票据记载、票据签章、票据交付3项则作为票据成立的形式要件须符合票据法的相关规定。在票据的签章中,我国票据法规定了签名、盖章、签名加盖章三种形式,对签名的规定更为严格,要求需当事人本名,但该规定由于过于严格,使之与国际通行惯例不一致,并在一定程度上阻碍了票据的流通性,因此引起理论界与实务界的争议,本文细致的分析票据签名实名制的弊端,结合相关域外法规定,为我国票据签名改革提出一些建设性意见。
According to the relevant provisions of the Notes Law in our country, the formal requirements for the formation of the Notes, which are recorded in the notes, the signature of the notes, and the delivery of the Notes, shall be in conformity with the relevant provisions of the Notes Law. In the signatures of bills, China’s negotiable instruments law stipulates three forms of signature, stamp, signature and stamp, stricter on the signatures and requires the parties’ own names, but the provisions are too strict to make them universally applicable The practice is not consistent and to a certain extent hindered the liquidity of the notes, which led to controversy between theorists and practitioners. In this paper, the drawbacks of the real-name system for the signature of notes were analyzed in detail, and some constructive measures were proposed for the reform of the signature of notes in our country, opinion.