The Study On Pledge Of Stock Rights

In modern society, under the condition of the securitization being more and more common, pledge of stock rights is a breakthrough to the traditional guarantee system in which the object is the physical property. It is the product of commodity economy and credit economy. As a modern way of financing, it has strong financing function, and occupies an increasingly prominent place in the field of guarantee. For stretching from several law fields,such as Real Right Law, Company Law and Securities Law, pledge of stock rights is very comprehensive. In the current legislation, Real Right Law makes up for the deficiencies of the legislation to some extent. However, there are still many contradictions between branch laws that haven't formed scientific system. It increases the legal risk of pledge of stock rights and seriously affects its application in practice.Based on the current situation, the thesis presents a systematic analysis on the legal system of the pledge of stock rights in the view of the nature of the stock rights and its basic theory. Synchronously on the basis of coordinating the different branch laws, the thesis tries to establish a systematic statute about the pledge of stock rights. And the dissertation also attaches more importance to the measurement of the interests between different parties. From the protection of the rights, the author hopes the research on the judicial remedy procedure and the practical operation problems, would do some help to our judicial practice and legislative activity. To be detailed, there are five chapters in this thesis.Chapter I is dedicated to the overview about the pledge of stock rights. In this part, the author discusses some fundamental issues, including the concept and the nature of equity and the object of the pledge. Combined the new Company Law that has become effective from January 1 ,2006 and the Real Right Law taking effect in October 1, 2007, this part also does some analysis on the consent of the pledge and reviews relevant legislation in our country.Chapter II is centered on the establishment of the pledge of stock rights. Especially taking listed companies and non-listed companies as the two main research objects, this part analyses the requirement of effectiveness one by one.Chapter III is about the effect of the pledge of the stock rights. First of all, this part studies the scope of validity of the pledge of the stock rights. And then expounds the validity to the parties who are involves in the pledge of shares, which is a focus of this article. The author respectively discusses the rights and obligations owned by the parties.Chapter IV focuses on the realization of the pledge of stock rights. This section analyses the conditions and the mode at the time of being realized firstly, in succession explores the specific provisions.Chapter V is dedicated to the procedural guarantee. This part emphasizes on the specific judicial remedy procedure, especially about how to exercise the priority, the right of conservation, the right to know of the pledge and the right of claim for liquidation of company.