Notes The Establishment Of The Pledge Legal Research

The bill pledge is a pledge of rights which is clearly defined in China's "Law of Negotiable Instruments" and "Guarantee Law". Bill pledge has strong liquidity and high security. In recent years it had been gradually accepted and widely applicable and gradually become the commercial circulation of bank credit as a guarantee. The pledge of endorsement is necessary to set up a bill pledge, its purpose is to fulfill the creation of security for a particular debt to ensure that the creditors to achieve debt. The bill pledge endorsement elements of China's "Law of Negotiable Instruments" are too crude, no matter from its concept, nature, or the exercise of power conditions, there is conflict and contradictions, it caused many difficulties not only in theory, but also in legal practice. Therefore, the author is trying to establish the existence of general and special problems for the analysis, clarify the legal relations, proposals to reform the domestic and international law and theoretical studies on the bills which is beneficial to the judicial practice.First, the article introduced the concept of Bill Pledge, behavior characteristics, combined with the analysis of the legal characteristics of the instruments on the basis of the provisions of China's Law of Negotiable Instruments value targets bills pledge. The second part analyzed on controversial bills out of the qualitative behavior of the legal nature to be analyzed, the final bill pledge for the actual acts of an instrument, and proposed the resolution.The third part through the analysis of the "security law","Negotiable Instruments" notes pledged to establish the general provisions of the conflict, that of "security law" and "Negotiable Instruments" notes pledged to set up different provisions of the bill pledge notes behavior reasons for relationships and notes the relationship between the provisions of, respectively, the two there is no contradiction, so the bill pledge to establish the elements of the provisions in strict compliance with the Law of Negotiable Instruments. And several instruments could be applied to bills pledge, defects in the existing Law of Negotiable Instruments ", and proposals of the resolutions.The fourth part of the bill pledge to establish a special problem-shall not be negotiable instruments, pledged the introduced distinguish drawer records "shall not be transferable and endorser records" not negotiable "on the basis of the reform proposals.