Some Thoughts On Commercial Lien

Commercial lien is different from civil lien, mainly because implicated relation is not an essential condition for the existence of commercial lien.It makes commercial lien posses a great protective power to creditors'interests.So it must be standardized exactly, in order to balance the interests between the parties,to make sure that the protective power of the system will not be so strong to become a destructive force.The first part of this article, the writer had done some basic theory on commercial lien, including its history,basic categories,etc.The main purpose is to definite exactly, clear the connection and difference between it and other related concepts for future discussion and make theoretical groundwork for the following.The second part of this article, the writer had tried to make clear or modify some points of views by way of expressing his thoughts in this paper on some issues that are the targets of arguments in legal practice, mainly related to the applicable conditions,subject,object,implicated relation, and contractual term. With reference to other nation's legislation and regulations, and to legislation of our country and the practice of judicature, the writer had put forward opinions and suggestions after comprehensive studying.