The Judicial Lien In American Law

Judicial lien is one category of lien in American law, which is to make sure that the debt of the creditor can be paid. Judicial lien mainly contains attachment lien, garnishment lien and judgment lien. The effect of judicial lien is similar with the security of civil law. In American law, judicial lien as a type of security can also exist in procedure law, however, in civil law, security can only exist in reality law. Judicial law is also similar with the property preservation of civil law. This article based on some translation of English materials, firstly introduce the lien, judicial lien in American law, and classify the lien reasonably. Confirm the conception of lien and judicial lien scenically. Secondly compare judicial lien with security, property preservation, looking for the differences between them and the cause of the difference, point out that judicial lien and security, property preservation of civil law are similar in function. The different legislation fashion between the common law and civil law is because of the diffidence in thought fashion, legislation tradition and so on. Lastly, compare judicial lien with the rules of our country, improve our legislature. Point out that garnishment, attachment in our civil procedure law is similar with judicial lien. However, the rule in our country forbid the property that has been attached or garnished to be used for security, which goes against making the best use of everything. The article wants to improve our legislature.The content and structure thereof shall be as follows:Chapterâ… introduces lien, the generic category of judicial lien, aim at introduce the judicial lien better. Classify the lien, compare judicial lien with security under civil law system, and confirm the conception of lien scenically.Chapterâ…¡introduces judicial lien specifically. Based on some translation of English material, give an introduction about attachment lien, garnishment lien, judgment lien, and explain the establishment procedure of each judicial lien, accomplishing order when judicial lien existing with other security interests simultaneously, the relationship between judicial lien and revoking right in bankrupt law. Chapterâ…¢study property preservation of civil law and our country, compare judicial lien with property preservation, looking for the differences between them and the cause of the difference. Although judicial lien and security, property preservation of civil law are similar in function, judicial lien had the function of security.Chapter IIII introduces the affection of judicial lien to our country. List the security rule about property preservation in our country, analysis the rule. The different legislation fashion between the common law and civil law is because of the diffidence in thought fashion, legislation tradition. Garnishment, attachment in our civil procedure law is similar with judicial lien. However, the rule in our country forbid the property that has been attached or garnished to be used for security, which goes against making the best use of everything. We should learn the spirit of judicial lien of American law to improve our legislature.