The Research On Bill Pledge System

With the development of capital markets for funds,bill become one of the necessary financing tools in the capital market,and the bill pledge become an important means for exercise of rights by the simple transfer methods,full rights,high safty and realize fast.With the development of economy,the bill pledge in China is more and more widely applied.But the legisiation of our country is not perfect,the conflict between rough existing legistation leads to the conflicts in judicial practice,however the bill pledge as a pledge of rights are involved in civil law and commercial law,so the problem is not only loopholes in the system,but also which legal adjust the bill pledge.Therefore,this article first to set the system theory and the legislative problems of bill pledge, balance various theories and controversial issues,then come to conclusion that the bill pledge belongs to the behavior of negotiable instrument,so the bill pledge should be specially adjusted “negotiable instruments law”.On this basis,this paper along the bill pledge setting,exercise,elimination of the main system of the bill pledge to clarify the context,and try to make the system imperfections satisfactorily resolved.Because there are more problems on the issue of bill pledge,therefore,this research method in the process of writing mainly for the research methods of literature,the method of comparative study and the method of value measure.Through the study of different theories,literatue,to choice of different views.At the same time,with other countries especially relevant legislation about the bill pledge in legislative provisions,provides a reference for our country’s bill pledge system,and compare the different legal relationship of value in the existence of the system,in order to find out the legal environment which more fit for the survival and development of the system.