A Study on Selected Legal Issues of the Electronic Check in the Republic of China

• Main Authors: Shiuan-Yi Shiu, 許宣儀
• Other Authors: Linin Day
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/11431895083731206544

碩士 === 東吳大學 === 法律學系 === 99 === In view of the Electronic Commerce is the foundation of the Electronic Negotiable Instruments, this thesis respectively introduce "The United Nations Commission on International Trade Model Law on Electronic Commerce", "UNCITRAL Model Law on Electronic Signatures ", "United Nations Convention on the Use of Electronic Communications in International Contracts","Directive 1999/93/EC of European Parliament and of the Couneil of 13 December 1999 on a Community Framewouk for Electronic Signatures "," NCCUSL Uniform Electronic Transactions Act ", the United States " Electronic Signatures in Global and National Commerce Act "," Comite Maritime International Rules for Electronic Bill of lading ", and" International Chamber of Commerce Uniform Customs and Practice for Documentary Credits 2007 Revision and Supplement for Electronic Presentation Version 1.1. ", to probe into the legal system of Electronic Negotiable Instruments of our country. Since in our country is based on the agreement between the bank and related parties which under the Electronic Signatures Act is the legal foundation of Electronic Check effect. So we compare our country's Electronic Signatures Act with the United States, the United Nations, the European Parliament and Singapore. And we will discuss the contents of Electronic Negotiable Instruments. And also the signing, in written form, Contract Freedom principle of Electronic Negotiable Instruments. We will also discuss the regulation in receiving and sending time of the electronic file. Next we introduce the system and evidence principles of Electronic Evidence from "International Organization on Computer Evidence", " International Organization for Standardization" and " International Electrotechnical Commission ". To discuss the system and standard of electronic evidence in our country. Then to proceed the relative questions in electronic evidence of Electronic Negotiable Instruments. And we will compare our country's Electronic Negotiable Instruments with the Electronic Check system and "The Check Clearing for the 21st Century Act "of the United States ". And also compare our Electronic Negotiable Instruments with the United States and the future. We will make our view of the development of our country's Electronic Negotiable Instruments. In the end we compare our country's Negotiable Instruments law with UK-US legal system , Mainland legal system and the negotiable instruments law system of Mainland China. As we also discuss the legal questions of Negotiable Instruments in signing, written form, holds and delivery of the Electronic Negotiable Instruments. In the conclusion, we suggest to consult the development of the United States's Electronic Check system and to simplify our country's Electronic Negotiable Instruments as Electronic Check System. And we also suggest to consult "The Check Clearing for the 21st Century Act " to perfect the legal system of Negotiable Instruments centralized operation of our country.