The Legislative Study On The Creditor’s Rights Investment

With the development of the market economy and the arrival of the age of the contract,creditor’s rights has gradually represented people’s property in the market economy.The creditor’s rights has the function of investment,because the creditor’s rights has the value of the property and the universality of its existence. We can make full use of the function of investment only taking the creditor’s rights into investment’s scope of the company.It reflects the improvement of the legal system in our country that the creditor’s rights investment has been recognized by the law in our country now and it has the foundation of legitimacy. But the legislation of the creditor’s rights investment is not comprehensive only by one or two legal provisions, the procedural rules about it should be perfected in the legislation, the legitimate interests of the parties involved shall be protected by legislation. As a kind of right of claim,the creditor’s rights is different from the real right.The realization of the right cannot be fully controlled by creditors, and the creditors usually need to advocate for the rights actively, the debtors have the repayment ability and are voluntary to do it.It increased the uncertainty to realize the creditor’s rights, raised the risk by the creditor’s rights investment.In addition, the creditor’s rights in the civil law has various types, and it means not all creditor’s rights can be invested.For those creditor’s rights which have the personal dependent and specificity should be constrained and restricted, no matter it is based on the nature of the rights, or the rule of law, or the basic principles of the civil law such as disgraceful consideration. These problems should be considered in the study on the creditor’s rights investment.As the creditor’s rights investment are more dangerous than other property investment,the legislation should make the protection mechanism of the creditor’s right investment be clear,refine the procedure of the creditor’s rights investment and perfect responsibility of the creditor’s rights investment in order to set up a safe and efficient system of the creditor’s right investment.But it is a pity that our legislation about the creditor’s rights investment system are very vague,especially no mention the security system of the creditor’s rights investment.The article focuses on insufficient legislation of the creditor’s rights investment,from the concept of the creditor’s rights and the creditor’s rights investment to combining with the domestic and foreign legislation and judicial practice.In addition,the paper analyses the risk of the creditor’s right investment and propounds the methods about the creditor’s rights investment security mechanism in order to make full use of the function of the creditor’s rights investment in the market economy.