On Lien

According to the legislative regulation in most countries, lien is the legal real right of pledge. It refers to creditor's having movable property which involves the relation to its legal debtor that occupies and its creditor's rights. This rights means creditors must keep the movable property in accordance with the law and gain the repay in prior depending on converting into money ,or auctioning , selling off the movable property, before creditor's rights have not been discharged. In accordance with our country's current legislation, lien is also the legal real right of pledge. But our country's current legislative provision on lien lags relatively, for examples, the scope of application of lien in our country is confined to the debt of the contract; the special reason why lien eliminates requires too harsh and its regulation is also not overall. In addition, there is still many legislative blanks, for instance, such questions that lien is obtained with good intention, lien and other real right of pledge compete and so on., have not given the regulation. So, studying the lien system conscientiously and probing into the way to perfect system of lien in our country, not only have very important theory meanings, but also have realistic value to the dealing carefully with lien disputes. This text carries on the discussion on several subject matters that lien involves. the text is divided into five chapters: Chapter one will analyze the character of lien on the basis of defining the concept of lien and function of exposition lien; Chapter two will probe into the necessity of the scope of application of expanding lien and concrete idea that expand emphatically; Chapter three will discuss the construction making the system with good intention about lien; The effect shut and factor influencing lien effect that scope of validity , lien and other real right of pledge of lien compete that chapter four will expound the fact; Chapter five will describe the special reasons why lien eliminates emphatically.