On The Perfection Of Pledge Of Rights In China

Under the circumstance of modern market economy,and with large amount of invisible property coming into being,especially with the rapid development of negotiable social assets,financial claim can be realized by means of the possession of documents of value,share rights and certificate of obligation.There is an unprecedented variety of property rights which can be pledged; Pledge of rights is becoming aconsumptive financing means and a means of modern investmentas well,which dwafs the traditional theory of pledge of rights.With the use of national and international theoretical research findings for reference,some suggestions are put forward to deal with the problems in the pledge of right system.In the first part of the essay,a brief introduction is givenon the general situation of the pledge of rights,its legalfeature,its nature and its legal property,respectively.Inthe second part,problems existing in the pledge of rights system in China are analized in suchaspects as the supposed scope of hypothecation, the setting up of hypothecation,determination of hypothecative validity,deriving protection out ofgoodwill,supposed price variation,and the execution mortgage,etc.The 3rd part deals with the analysis of the problems on the present situation of insurance systerm;besides,some suggestions to perfect the system,in combination with thelargest systems of jurisprudence are put forward.