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票据的付款,是票据付款人依法向票据的持票人支付票据金额,以消灭票据关系的行为,这是一种“准票据行为”;在我国,票据的付款人主要为银行,付款人应当向票据的真正权利人付款,因此其付款时必须履行审查义务。依票据法一般理论及各国票据法的规定,付款人只负有形式审查义务,但我国最高人民法院的司法解释却规定付款人必须承担实质审查义务。这一规定不仅与票据法理论相违,与各国规定相背,与我国票据法的规定相冲突,而且严重损害了票据的流通,理应予以纠正。在付款人进行善意付款后,应在付款人与被伪造人之间合理确定最终的风险负担。
The payment of a bill is the behavior of a bill payer who pays the bill amount to the bearer of the bill in accordance with the law to eliminate the bill relationship. This is a kind of “quasi-bill behavior”; in our country, the bill payer is mainly a bank and pays The person should pay the true owner of the bill, so his payment must be fulfilled. According to the general law of negotiable instruments and the law of negotiable instruments in various countries, the payer has only the obligation of formal examination. However, the judicial interpretation of the Supreme People’s Court stipulates that the payer must undertake the substantive examination obligation. This provision not only contradicts the doctrine of negotiable instruments but also contradicts the provisions of all countries and conflicts with the provisions of the negotiable instruments in our country. It also seriously damages the circulation of negotiable instruments and should be rectified. After the payer makes a goodwill payment, the ultimate risk burden should be reasonably determined between the payer and the forged person.