中日票据拒付处分制度的比较研究

票据是典型的有价证券。票据之所以能够快速进行流通、实现安全转让,主要是有赖于该票据背后的信用支撑,因此票据信用研究至关重要。日本的拒付处分制度,对于维持票据的信用发挥着极其重要的作用。目前我国正在努力建立社会的诚信体系,可是我国票据尚无类似日本的那种制度,所以介绍、分析比较和中日之间的区别,借鉴日本的先进做法,对于建立我国票据信用制度是有益的。

Comparison Study on Liability System Due to Payment Refusal of Negotiable Instruments in Japan and China

Negotiable instruments is a typical negotiable securities.As the fact that negotiable instruments can be circulated rapidly and accomplish safe assignment mainly depends on the credit support behind the negotiable instruments.Therefore study on the credit of negotiable instruments is of major importance.The liability system due to payment refusal in the related law of Japan plays a very important role in maintaining the credit of negotiable instruments.At present,China is striving to construct a social credit system,whereas there is no such a system on negotiable instruments similar to that of Japan in China;therefore,introducing,analyzing and comparing the system difference on negotiable instruments between China and Japan,using Japan's practices for reference,all these will be beneficial to the construction of negotiable instruments credit system of our country.