| As a new guarantee method, the pledge of right to fructus of real estate is born in practical field most early to solve our country infrastructural facilities fund bottleneck.However,the pledge of right to fructus of real estate from pactice faces a insufficient legal grounds suqeeze.At present, most legal regulations of the pledge of right to fructus of infrastructural facilities real estate dispersedly exist in some lower-ranked policy documents and associative regulations, "Security Law" certain question judicial explanation,the 97th stipulation merely has made the principled provision. "Real Right Law" recently issued and executed has had a evasion manner to it. It is harder to find any legal stipulations about the pledge of right to fructus(rental) of private real estate,such as office building.Because the delaying of laws makes the fast-growing pledge of right to fructus of real estate effectiveness be in not certain state and practical operations be disorder which have seriously affected transaction security, research on the legal problems of the pledge system of right to fructus of real estate has important meanings to find the theory of law of legislation of the pledge of right to fructus of real estate, and to provide guidance on practical operations of the pledge of right to fructus of real estate.Beside introduction and epilogue, the paper is divided into four parts.Part one draws essential problems disscussed in this paper by two typical cases; Part two accounts that right to fructus of real estate is a new civil property righ which is suitable to server as a sign of rightspledge.And since characteristics of the pledge of right to fructus of real estate can not be coveraged by other guarantee methods, Our country laws should list it as i one new right to pawn alone; Part three illustrates how to construct the concrete pledge System of right to fructus of real estate; Part four formulates the designment of risk prevention.
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