On The Right Of Service Quality

Business pledge is the concept of traditional continental legal system in civil law. In China, the concept has long history, but the jurisprudential study is not enough on theory of business pledge, which is still dissociates from civil law. The thesis attempts to use methods of historical analysis, comparative analysis to do a systematic study of the business pledge in order to help people to catch the meanings of business pledge.The thesis has three sections as follows:The first section is the brief of business pledge. Firstly, it shows the historical evolvement from Pawn to Dang, the signification of Pawn in nowadays, and the definition of the Pawn in modern times. Then it stresses business pledge is a part of Pawn, which is larger than business pledge whether in extension or intension. It figures out that it is Pawn that consists of business pledge. In another words, the two above have identity in a certain extend. Therefore, it should discuss Pawn and business pledge. Secondly, it argues the relations of business pledge and pledge. The quality of business pledge is discussed in the beginning. The common characters of business pledge and pledge show that business pledge is a special security interest, which is also called particular pledge. Then it analyzes the quality of business pledge, and the differences between business pledge and pledge in the specific subject, independent right, apply to mortgage of goods in flow. All of these make the relation between business pledge and pledge together with the quality of business pledge more perspicuity. Thirdly, on the base of analysis above, it specifies the concept of business pledge. With the comparing between business pledge and dian, mortgage, lien, the concept is more perspicuity.In the second section, it focuses on the historical origins the evolution of the business pledge. Chinese mainland, Taiwan and Hong Kong previous legislative business pledge history and situation is described. And then, it takes Britain, America and Switzerland as examples to introduce the practices and legislative situation of business pledge in foreign countries in order to present it across-the-board. At last, it summarizes the traits of business pledge,the social function which includes financing, storage and distribution.The third section is about the material problems of business pledge and its legislation in detail. Firstly, it analyzes the subject and the object of business pledge and then, business pledgee and general restrict of pledger are described. In the object part, it analyzes chattel, the possession right should be the object of business pledge. Secondly, it analyzes the enactment of business pledge. Such as pledging,extension. The emphasis is the concept, quality and juristic characteristic of pawn ticket. Thirdly, it discusses the right and obligation of both parties, which provide the direction to the practice of the business mortgage. The focus is on that mortgage of good in flow should be used in business pledge, and show its rationality in the aspect of theory, system, practice. Fourthly, the elimination of business pledge is concerned. It expatiates several reasons. Fifthly, it provides some proposals to perfect the business mortgage system. The business pledge legislative situation in nowadays has some shortage. It would be better if the business pledge was set in Real Right Law. However, the Real Right Law has not regulated business pledge, so the important thing we have to do now is to set up the special business pledge system law.