A Study Of The Repledge System

As an important part in the security interests of traditional civil law, repledge makes full use of better quality of matter, means realizing financing for economic purposes, and has the same concept with the best use of financial, flow, the value of her duty in modern society. In practice, repledge which is an impersonality action in relation of our folk obligation has happened occasionally. However, the"People′s Republic of the law on guarantees"did not give a clear system. Then, interpretation of the security law only admitted repledge with agreement, no admission of repledge with responsibility, as a result of different cognizance on character, scope and whether or not to introduce repledge with responsibility, judicial practice into a quandary. The newly"PRC Property Rights Law", to a certain extent, transferred repledge with responsibility. The recognition is a big step forward in legislation, but it did not make suit reflection for the allocation of justice, resulting in the lack of operability.Using three kinds of research methods which include comparative analysis, legal philosophy analysis and economic in law, this article begins in the basic concept of replege system, inspects the different legislations and jurisprudence doctrine foreign, and distinguishes between two different replege types of components and legal effects basing on determining the nature. In turn affirmed the quality of economic, social and value systems, China has a qualitative turn in the Civil Code established detailed material conditions and legislative environment, for that independence of the value of security is increasingly obvious today. Finally, this article suggests: improve quality of repledge with agreement which applies to pledge of movables and pledge of rights in the principle of statutory right to follow relatively relaxed, carry the rule of autonomy of the will out for risk assume of repledge with agreement; repledge with responsibility should not apply to the matter which pledger declare that he will withdraw and whose transfer needs registration, and make the strict allocation of the right to justice to give full play to the system′s role in building a market economy.