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我国现阶段的商业承兑汇票的信用度不高。其主要原因是商业承兑汇票到期日付款人帐户不足支付时,其开户银行则将商业承兑汇票退给收款人或被背书人,由其自行处理,其结果,经济受损失的自然主要是收款人或被背书人。当前,信用失控,各经济组织之间拖欠贷款的现象十分普遍,因而在部分城市和地区,商业承取兑汇票的当事人除用《银行结算办法》规定的背书形式担保商业承兑汇票的付款外,还在该汇票上设立了票据保证人,以增加票据信用。关于这一保证的性质及保证人的权利和义务等,《银行结算办法》未作规定。实践中,由于法律法规未作规定,因而各地的做法不一,有的将之同于民事保证,有的则要求保证人承担票据法上的保证责任。因此,在大力推行票据制度的现阶段,有必要探讨一下我国票据保证的有关问题。
The credit acceptance of commercial acceptance bills in China is not high at this stage. The main reason is that when the due date of the commercial acceptance bill is not paid by the payer's account, the issuing bank refutes the commercial acceptance bill to the payee or the end-user for handling by itself. As a result, the natural loss of the economy is mainly Payee or endorsed person. At present, the credit is out of control and the loans owed by various economic organizations are very common. Therefore, in some cities and regions, commercial parties accepting bills of exchange in addition to guarantee the payment of commercial acceptance bills with the endorsement stipulated in the “Bank Settlement Measures” Also on the bill set up a bill guarantor, to increase bill credit. With regard to the nature of this guarantee and the guarantor's rights and obligations, the “Bank Settlement Measures” does not provide for. In practice, because laws and regulations have not stipulated, different practices are adopted everywhere, some of them are the same as civil guarantees, while others require the guarantor to bear the guarantee liability in the law of negotiable instruments. Therefore, at the present stage of vigorously promoting the notes system, it is necessary to discuss the issues related to the promissory notes in our country.