伪造人票据责任在无权代理理念上的突破与创新——基于《联合国国际票据公约》框架下的票据研究

Abstract

The second paragraph of Article 33 of Convention on International Bill of Exchange and International Promissory Note of the United Nations stipulates forgers should bear the liabilities for bills. But according to the first paragraph of Article 14 of the Law of the People's Republic of China on Negotiable Instruments, the content recorded in bills must be true and is not allowed to forge; otherwise, forgers should bear corresponding legal liabilities. It means that forgers do not have to bear the liabilities for bills, but just undertake the civil and criminal responsibilities. This paper argues that, as for forgers, in addition to their legal civil liabilities for compensation and criminal responsibilities, they also should undertake the liabilities for bills in accordance with the analogical application method of investigating the responsibilities of unauthorized agents, which is very beneficial to the realization of fairness, rationality and justice of the law, effective prevention of bill forgery and the maintenance of the security of bill trading and simultaneously helps to achieve connect with the provisions of Convention on International Bill of Exchange and International Promissory Note of the United Nations.