Study Of A Number Of Issues In The Pledge Of Rights

With the high-speed development of the market economy, guaranty system is needed to secure the dealing. There is a saying: The real security interest of property rights'guarantee is superior to that of the person's guarantee, hence the property rights'guarantee becomes the most trustful basic means to secure the debt, the pledge of rights which belongs to the property rights'guarantee is very important because of its intangible and vivid. But in the our country prevenient civil legislation , the pledge was part of the hypothec and accordingly no distinction laid between them, afterwards although our country rules the pledge of rights in the ((Guaranty Law of the People's Republic of China)) and in the recent announcement of ((draft bill on property rights)), the rule is very narrow and abstract, which doesn't adapt to the continuous objective demand of our country market economy progress. Therefore, three is the important theory value as well as the practice meaning in the thorough research to the pledge of rights.This full thesis makes very use of the dialectical method which is historical and comparative and developmental to carry on the research of some problems about the pledge of rights from essence to phenomenon and from theory to practice, its summary is as follows:The preface part from investigate the development history of the Chinese pledge system to commence, it says that the development is in the Chinese pledge system step by step in despite of the frustration, the attention is paid to the value of the object of the pledge but not to its difference in the appearance more and more in this process, especially in this today the rights are increasingly in securitization, accordingly the pledge of rights becomes the important law means of the market economy with its special safety guarantee function to debt.Chapter 1 explains firstly that it is important to pay attention to the right protected that the creditor possesses in the pledge of rights, thereby in the our country current lawmaking on property rights this name ruled about the pledge of rights ought to show its right character instead of its act. Secondly, after the surveying the pledge of rights in Roman,French, German,Japanese,common law, Hongkong-Macao-Taiwan law as well, this chapter synthesizes the scholars' explanations about the pledge of rights and finally tries to define it scientifically: the pledge of rights means that it is in order to secure the debt, the debtor or the third people makes use of the alienable property rights except the ownership and the usufruct of real estate to set up the pledge.In discussing the essence of the right pledge, chapter 2 thinks that the party setting up the right pledge is to guarantee the creditor's rights and not to transfer the right, the nature of the right pledge isn't different from that of the movable...