On The Lien

As an important part of civil law, both the appearance and development of the lien have their own social foundations, which produces a certain social effect. Law has designed the lien system so as to seek the civil law's principals of impartial and reciprocal justice. as the legal real right of pledge, Lien refers to creditor's occupation of movable property which involves the relation to its legal debtor that occupies and its creditor's rights. This rights means creditors must keep the movable property in accordance with the law and gain the repay in prior depending on converting into money , or auctioning ,selling off the movable property, before creditor's rights have not been discharged. But in the process of observing and studying the legislation of some countries, and to compare our country's current legislation, we discover that our country's current legislative provision on lien lags relatively, for examples, more strict about debt linking to the property, and extension of goods subject to lien is to limit movable property; In addition, there is still many legislative blanks, for instance, such questions that lien is obtained with good intention, urgent lien, and so on. Owing to the defects,it is unfavorable to safeguard creditor's right ,and it will reduce the whole efficiency of lien's system.Therefore , it is necessary to study the lien system of our country, to try to find the ways of improve the lien system, which not only have very important theory meanings, but also have realistic value to achieve a certain debt. the text is divided into five chapters:Chapter one will focus on the source of lien, definite the concept of lien on the base of comparing relative concept , elaborate the social function and legal attribution of lien, and at last it will introduce the developing of our country's lien;Chapter two will respectively introduce two kinds of legislative models of the mainland law systems and the common law systems, and will analyze liens of some countries in essence;Chapter three will discuss the validity of lien by way of the requirement of the lien's establishment,extension of obligation secured by lien,extension of goods subject to lien, and so on. Including positive and negative requirement of the lien's establishment, definite possession,debt linking to the property, etc. With regard to the scope of subject matter of lien ,it includes not only movable property, but also real property; establish urgent lien and lien that is obtained with good intention, and so on; discuss rights and obligations of lien claimant,owner of collateral, etc.Chapter four enumerates causes of termination of lien and its law influlence, presents other termination causes besides causes stipulated by law, and holds that lien isn't invalid as prescription of quaranteed obligatory right completes, and so on.Chapter five presents some own opinions about how to consummate our country's lien according to above analyses.