On The Legislation Of Pledge Of Rights In China

Ownership of property is significant in modern society, Ownership become dissimilation from of material property and the symbol of the property. Because of the property characters of the target, this ownership holds the value for exchange. This produces the basic condition for the setting of pledge of rights. With convenient and effective characters of pledge of rights, it becomes more and more important in the economic life. As a real right guaranteed, the subject of pledge of rights has distinctive characters, especially for the requirement, of the development relation between the market economy and credit standing. In some countries and areas, there is the trend that pledge of rights overwhelms the mortgage. Pledge of rights is called by the tendency of the day, and becomes the important means of securing liabilities and circulating funds. As far as our nation is concerned, there are some theoretical and practical problems pending to be solved due to the short period of the legislative and the judicial practice for the pledge of rights. In order to improve this situation, the author puts forward some suggestions to deal with the problems in the pledge of rights with the use of national and international theoretical research findings for reference.The paper adopts comparative method to probe into the legislation of pledge of rights of our country. On comparing pledge of rights with others, we can understand why the different countries and areas have the different, solutions. Therefore, we could inspect which solutions may fit. our country's reality in order to lay a foundation on improving pledge of rights of our country.The paper consists four chapters. Chapter 1 emphasizes on the concept, characteristics, the subject of pledge of rights and the value of instruments of pledge of rights. In a comparative way, Chapter 2 begins with the pledge of rights in French, German,, Swiss, Japanese, American, and Chinese Taipei law as well. Chapter 3 expounds the legislation detects of the pledge of rights in our country from two aspects which contains the legislative stylistic rules and layout and legislative content. Chapter 4 puts forward the suggestions on the legislative improvement from two aspects which contains the legislative stylistic rules and layout and legislative content.