On The Commercial Lien Of Property Law

As an important legal system, lien is widely used in securing debt, guarding trade safety and guaranteeing trade stability. Lien is a one of the legal systems commonly used around the world. In our country, the scope of lien is strictly restricted before the enforcement of Property Law. However , the Property Law, which took effect in 2007, not only widens the scope of lien but also introduces a newly-born system-commercial lien. This change is adjusted to the status quo of the social development of our country and satisfies the demand of economic development. Besides, it is also helpful to protect the creditor's interests, promote commercial development, warm up market and encourage economic development. But compared to its mature counterparts in some foreign nations, the commercial lien, introduced by Property Law, still have many problems to be solved. These problems is listed but not exhausted below. First, who can exercise commercial lien is not clearly defined. Whether sole enterprises, rural contractors, rural enterprises are included is still not answered. Second, the scope of commercial lien is still not clear. For example, whether securities can be seized is still unknown. Finally, due to the disregard of the same business requirement, it becomes controversial on how to pinpoint the contents of assets that can be seized by commercial lien. If not solved properly, these problems will undermine the significance of commercial lien and make its accurate application impossible. And these problems may also damage the interests of detors, creditors and third parties, which will eventually have negative impact on commercial exchange. This thesis will analyze these problems and try to make some legislative proposals by refering the marure experiences in some foreign countries. All these are done to help commercial lien work in its designed way.