Business Pledge

Has a long history of business pledge, by far the most countries in the world and regionshave business pledge specifically for legislation. Business pledge has to meet the socialdemand for money, make up for the inadequacy of the mainstream financial industry,the advantages of in today’s modern society plays a decisive role in the life.At present, the theoretical study of business pledge is not very full, no specific businesspledge system. Business pledge because its has the characteristics of the financing,long-term exist in economic society. Now our business pledge, there has been a rapiddevelopment and progress, however, because of the lack of effective guidance andregulation laws, still has many problems need to solve. In2005the ministry ofcommerce, ministry of public security jointly issued the "pawn management method" tostandardize supervision of business pledge right institutions pawn shops, but onlybecause of its effectiveness in class is the administrative rules, can’t effectively regulateand guide the development of business pledge right in China. Because of this, it isnecessary for more business pledge in-depth research. Because the United States,Britain, Switzerland and Taiwan of our country the study of business pledge earlier, andthese countries and regions, business pledge system is relatively perfect, can through thestudy above these countries and the area of business pledge right legislation system andlegislative practice, combined with the actual situation of our country at present, formbusiness pledge system construction in our country.This paper mainly has four parts, the first part mainly elaborated is the basic theory ofbusiness pledge right, including the definition of business pledge and business pledgewas compared with the relevant legal system, discusses the concept, characteristics andnature of business pledge. The second part mainly from countries and regions outsidethe business on the legislative cases to pledge, comparative analysis of the national andregional business pledge right outside of related legislation and practice, for our countryto build the business in the future legislation of pledge. The third part mainly discussesthe necessity and feasibility of our country to set up business pledge. The necessity frombusiness pledge financing, when the preservation and merchandise sales for this paper.Including the feasibility on the one hand, our country there are rich business pledge ofhistorical norms and common law, on the other hand pawnshop modern development provides the foundation to set up a business right of two aspects. The fourth part mainlyexpounds construction of business pledge system in China. Mainly discusses from threeaspects, the first is about the choice of business pledge right legislation system, throughcomparative analysis to determine the set of business pledge code, followed by businesspledge basic system design, including the operating subject, object, creation, power andthe destruction of the five parts. The last is the perfection of form a complete set ofbusiness pledge system.