论票据正当持票人的确定规则

票据权利由持票人行使,当持票人难以确定时,便产生正当持票人的确定问题。美国票据法（包括《美国统一商法典》）对正当持票人作了详细规定,主张正当持票人必然发生在流通中,且依形式和实质构成双重确定标准;对于本不该成为正当持票人却可能因为流通而被确定为正当持票人设定了规则。该规则制度对我国有现实的借鉴意义。基于票据实务的需要,尤其是融资性票据的发展,我国有必要在总结司法实践成果的基础上建立正当持票人的确定规则。

On the Rules of the Holder in Due Course of Negotiable InstrumentsZHAO Yi-fen

It may constitute a common practice of negotiable instrument that the holder enjoys rights of the bill or note. But when the holder is controversial or difficult to determine, the problem arises as to ascertain the holder in due course. American law of the negotiable instruments as well as American Uniform Commercial Code provided detailed provisions for the holder in due course, which specify that the holder in due course always produces in negotiation. The two formal and substantial requirements are the double standards for the holder in due course. The two laws also set rules for the person who should not be but becomes the holder in due course because of negotiation. The system has a practical significance to our country. Moreover, in light of the practical matters of the negotiable instruments, especially the financial bills and notes, China should set rules on the holder in due course.