Study On The Commercial Lien

The formulation of Property Law of the People’s Republic of China (referred to as the property law), strictly limit the scope of lien. Our country formulate and pass the Property Law in 2007, the law has expanded the applicable scope of lien, and also the first time to create the commercial lien as the legal system. In the 231st of the Property Law, movables of the creditors should belong to the same relationship of law with creditors’right, except the movables between enterprises. This article through to the general lien established condition of the same legal relationship to make exceptions to the rule, first created the commercial lien in our country’s legal system. This system with the development of the primary stage of socialism in our country, can protect the interests of creditors in the economic exchange and can encourage the development of market economy, to further promote China’s social and economic development has the vital significance.The first part of this paper studies the evolution and concept of commercial lien. Through the fundamental difference of commercial lien and civil lien research, refining the concept and characteristics of the commercial lien. The second part of the commercial lien specification based on investigation. List the provisions of the relevant lien in our country, and to define its nature. The third part mainly analyzes the legal relations of the commercial lien. Including commercial lien of legal relation of the subject, object and effectiveness.Due to the commercial lien provisions are too simple, did not form a complete system. So in civil and commercial unity mode is difficult to show its important value in our country, it also can’t guide the actual situation in the real economic life. Therefore, I hope that through this article on the research of the commercial lien related problems, contributing to improve the system of commercial lien.