Since the person who signs the bill bears the liability for the bill, anyone who does not sign the bill does not have to bear the liability for the bill. Based on the status of the signature on the bill, all countries have signed the bill in the bill law. The chapter provides detailed provisions. The legal norms formulated around bill signatures are interconnected, mutually restrictive, and have synergistic effects, forming the basic rules for bill signatures. According to the provisions of my country's "Negotiable Instruments Law", "Implementation Measures for the Administration of Bills" and "Measures for Payment and Settlement", my country's bill signing rules include the following:
1. In accordance with the provisions of Article 7 of the "Negotiable Instruments Law", There are three ways to sign bills in our country: ①Signature. It means that the actor writes his or her name on the bill in person, which is the most primitive way of signing the bill. In the original sense, only a handwritten signature can fully reflect the legal significance of the signature on the bill. ② Stamp. Stamping is an alternative method of signature, which means that the person doing the bill can complete the signing of the bill by stamping his or her own seal on the bill according to his or her own will. Compared with handwritten signatures, stamping has the characteristics of easy comparison and identification and a fixed appearance. However, since the stamping does not have to be done by the perpetrator personally, there may be situations where the perpetrator's seal is misappropriated and he will bear the bill liability. , so perpetrators should be cautious about the method of stamping. ③Sign and stamp. It refers to signing in handwriting and stamping the seal at the same time. It is a double way of signing bills. Although the method of signature and seal has exactly the same effect as a separate signature or a separate seal, because the actor has adopted a "double insurance" approach, it can promote the circulation of the bill on the basis of strengthening the credit of the bill.
2. The signature on the bill should be the real name of the party involved. According to the law, for a natural person, the real name refers to the name on the household registration or ID card; for a legal person or other unit or group, it should be the name of the enterprise in the industrial and commercial registration or the name on the enterprise business license.
3. The parties to the instrument may entrust their agents to sign and seal the instrument, and shall indicate their agency relationship on the instrument. The agency system can be applied to bill signatures, but considering the particularity of bill signatures, only named agents are recognized in the agency, that is, the identity of the principal needs to be disclosed. In addition, in order to protect the interests of the individual, if a bill is signed in the name of the person without agency authority, the signer shall be responsible for it. If the agent exceeds the agency authority, he shall bear the bill liability for the part beyond his authority.
4. Rules for signatures of legal persons or non-legal entities. In today's active market economy, most of the subjects of commercial activities are legal persons or non-legal entities. Therefore, the Negotiable Instruments Law stipulates that legal persons participate in economic activities through their legal representatives or natural persons authorized by them to carry out civil and commercial activities. Or the signature and seal of an unincorporated unit shall be the seal of the legal person or unit plus the signature of its legal representative or its authorized agent. On this basis, the "Implementation Measures for Bill Management" and "Measures for Payment and Settlement" also make specific provisions based on different types of bills.
5. The principle of independence of signatures and seals on bills. As a formal requirement of each bill act, the signature of the bill is tainted with the independence of the bill act. The Negotiable Instruments Law stipulates that “if a person without capacity for civil conduct or a person with limited capacity for civil conduct signs or seals a negotiable instrument, his or her signature shall be invalid, but the validity of other signatures and seals shall not be affected” (Article 6 of the Negotiable Instruments Law). "If there is a forged or altered signature on the bill, it will not affect the validity of other authentic signatures on the bill." The principle of independent signatures and seals on bills maintains the essential characteristics of bill behavior, ensures the circulation of bills, and reduces the holder's duty of care in review.
Generally speaking, my country’s bill signature rule system is basically based on the current status of my country’s bill market, draws on internationally accepted practices and experiences, and is economically and legally reasonable, especially in At the beginning of the birth of my country's bills, it played a positive role in stabilizing the financial order, protecting the steady and scientific development of bills, and thus ensuring the healthy and orderly development of the newly established market economy. As the most basic content of bill legislation, together with other bills laws and regulations, China's bill market, which started in the early 1980s, has begun to take shape after more than 20 years, and its scale and business have developed to a certain extent. However, while we affirm the progress of the bill signature system, we should also look at this system from a dialectical and critical perspective, discover its shortcomings, and then improve it.