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票据保证制度对督促票据债务人在票据到期时履行自己的义务,促进票据流通的效率和安全,增强票据信用有重要意义。我国现行票据保证立法与实践之间的冲突日趋显现,已影响到市场经济的运行与国际贸易的开展,亟需结合现实情形,借鉴先进立法例进行修改与完善。本文首先对两岸的票据保证立法进行异同比较,分析了异同存在的原因,在此基础上,从理论基础和价值取向两个方面提出了完善我国票据保证立法的建议。
The promissory notes system is of great significance in urging the debtors of the bills to fulfill their obligations when the bills expire, to promote the efficiency and security of the circulation of bills and to enhance the credit of the bills. The existing bills in our country promise that conflicts between legislation and practice will become increasingly apparent, which have affected the operation of the market economy and the development of international trade. It is imperative to revise and improve our legislation in the light of the actual situation and from the perspective of advanced legislation. This paper first compares the similarities and differences between the two sides of the bill guarantee legislation and analyzes the reasons for the existence of the similarities and differences. Based on this, it puts forward some suggestions on how to perfect our bill guarantee legislation from the theoretical basis and the value orientation.