The Legal Analysis To Commercial Property Of The Enterprise Lien

Commercial property lien business qualities, including the pursuit of efficiency, the pursuit of profit and the pursuit of the safety of the three aspects of the transaction.Although the nature of commercial property for our country,"Property Law" provisions alone provides a powerful enterprise lien legislative reasons, but for commercial property characteristics, not only in theory, there are still a lot of confusion, there are also a number of specific operational problems in practice.Our theory at this stage of the enterprise lien separate study also relatively small,but the lack of commercial properties discussed from the perspective of the enterprise lien,from the perspective of commercial property lien-depth discussion of the enterprise has some cutting-edge and innovative.In this paper, a lien on the connotation and commercial property characteristics, manifestations and causes on the basis of systematic analysis, which confirmed the reasonableness of the lien commercial property business, but also pointed out the deficiencies and shortcomings of its existence, the enterprise should be emphasized specificity control lien commercial property within a reasonable range, and finally made a series of recommendations to improve the legislation, in general, the paper is too prominent Chinese enterprises lien legislation designed to maintain its commercial properties a critical attitude.Wording is divided into the following four parts:The first part:Enterprise lien is a special commercial lien, it is different from other Western countries to take the general commercial lien, the lien itself has corporate and commercial properties are set individually enterprise lien of the root causes of its commercial property is considered throughout the design of the main enterprise lien legislation.The second part:corporate and commercial property lien lien system determines the design of the particularity of the enterprise. This section first lien prescribed by the special nature of its business and commercial property specifically manifested, then followed by commercial, social and legal perspective of the three companies in the commercial property lien causes interpret.The third part:everything has two sides,business and commercial property lien is no exception,too much emphasis on the characteristics of suppliers will also bring a lot of negative effects from the part that is both theoretical and practical perspective on corporate and commercial lien property to reflect its draw backs system.The fourth part:This part of the system design of enterprise lien too much emphasis on the special nature of its commercial properties, and a departure from the general commercial law legislation critical of the lien, emphasized in future legislation should lien commercial enterprise property in a reasonable degree of control and propose specific methods to improve corporate lien legislation from the perspective of both form and content.