On The Preferential Of Commercial Lien

Claims and debts arise between merchants more and more frequently because ofthe active transactions. Judging from the business practice, mortgage and lien isimportant. However commercial lien is the key solution to the dilemma oftransactions. Unfortunately，either Civil or commercial departments have few researchto commercial lien system, only in the property law have a few strokes but dodgeabout the system. Well, from another point of view, the property law do offers achance to studying commercial lien for the paper. The paper traces to source, miningcommercial lien’s initial shape and development process from a historical perspective,thinking the application of the present commercial lien system, so as to providereferenced suggestions for establishing the system of commercial lien.The first part, we introduce the source of commercial lien, domestic andinternational legislation. Lien system developed initially as the industrial commercialeconomy and the complexity of social relations. However, different countries andregion have different economic development, which based on, the various uppersocial system is also different. Therefore, the development of lien system isdetermined by the difference between countries and places. So on one hand, the liensystem’s importance and practicability are self-evident. On the other hand,commercial lien for us should combine our national condition, suiting its measures tolocal condition.The second part based on civil agency lien effectiveness. The civil agency lienpriority has sufficient theoretical basis, but now give commercial lien the samepriority as the civil lien lack of theoretical basis. Therefore, this article bases on therecognition of commercial lien has priority, make the same legal relationship and theimplicated relation as the breakthrough point, to find the theoretical basis for the commercial lien of the precedence effect, at the same time, to pave the way for thediscussion below.The third part, with the foundation of the second part, to undertake the secondpart which analyzes the commercial lien lack of theoretical basis to furtherdemonstrate commercial lien will result all sorts of conflict of rights and legal risk,while tightly rebates the theme: commercial lien system existence blemish, must beimproved. Meantime the third part for the fourth part of the article to improve thesystem to lay a good foundation.The fourth part, since the commercial lien system in the use of the process mayhave many problems, perfecting the system theoretically is the task which the papermust address. Commercial law that base on civil department is a special law withrelative independence, which has some special ideas and concepts. Thus using thespecial concepts of commercial law to solve the commercial lien problems is themeaning of the topic. This section of the article provides reference recommendationsfor improve commercial lien system from the concept of the commercial lawperspective.