The principles of payment and settlement are as follows:
(1) abide by the principle of credit performance payment.
(2) The principle of who controls whose money goes into his account.
(3) The principle that banks do not advance.
As a legal act, payment settlement has the following legal characteristics:
Payment and settlement methods include bills, collection and acceptance, entrusted collection, credit cards and letters of credit. Among them, bills include checks, cashier's checks, bank drafts and commercial drafts.
The above settlement shall be conducted by financial institutions or other institutions approved by the People's Bank of China. Article 6 of the Measures for Payment and Settlement stipulates: "Banks are intermediaries for payment and settlement and capital settlement. Non-bank financial institutions and other units without the approval of the People's Bank of China shall not operate the payment and settlement business as intermediaries.
Except as otherwise provided by laws and administrative regulations. "This provision clearly shows that payment and settlement are different from general monetary payment and fund settlement.
The so-called essential behavior refers to the behavior that must be carried out in a certain form according to the law. If the act does not meet the statutory formal requirements, the act is invalid. Payment and settlement must also comply with the provisions of the Measures for Payment and Settlement issued by the People's Bank of China. According to Article 9 of the Measures for Payment and Settlement: "Bills and settlement vouchers are tools for payment and settlement.
Units, individuals and banks must use bills and vouchers printed in accordance with the unified regulations of the People's Bank of China and "unified settlement vouchers". "Banks do not accept settlement vouchers that are not used in accordance with the unified format of the People's Bank of China".
The People's Bank of China not only has uniform requirements for the format of bills and settlement vouchers, but also puts forward basic requirements for the filling of bills and settlement vouchers, such as the amount of bills and settlement vouchers, the date of issuance, the name of the payee, the invalid bill after the change, and the bank will not accept the changed settlement vouchers.