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自民事诉讼法施行以来,由人民法院适用公示催告这一法律程序解决票据被盗、遗失或灭失的问题,从而清除票据上权利所处的不稳定状况,不仅有利于票据持有人正常工作、生活和经营生产,而且有利于社会秩序的稳定和发展.然而,由于公示催告程序是一个新法律程序,目前有关的法律、法规规定尚不具体、完善,因此,在公示催告程序适用中,无论在理论上还是在实践上都存在着许多有待研讨和亟需解决的问题.本文针对公示催告程序运用中遇到的几个问题,提出探讨意见.
Since the implementation of the Civil Procedural Law, the people's court applied publicity to proclaim a legal procedure to solve the problem of theft, loss or loss of a negotiable instrument so as to eliminate the instability in the right of the instrument. This not only helps the negotiator to work normally, Living and operating the production, but also conducive to the stability and development of the social order.However, since the publicity and appealing process is a new legal process, the relevant laws and regulations are not yet specific and perfect, therefore, In theory and in practice, there are many problems to be studied and urgently needed to be solved.This paper aims at several problems encountered in the application of publicity and reminding programs and puts forward some suggestions.