The Study On Implicated Relationship Of Lien Established

As a kind of legal guarantee right, the application scope of lien system is totally dependent on the legislation of our country. All this time, General Principles of the Civil Law of the People’s Republic of China(hereinafter referred to as the "general rules of the civil law") and the PRC, Security Law(hereinafter referred to as the "security law") both restrict lien system to the contract debt. Due to inability to meet the needs of the reality, the Supreme People’s Court on Several Issues concerning the application < the People’s Republic of China Security Law > interpretation "(hereinafter referred to as the" security law interpretation ") would change it to emphasize" liens share and debt has been implicated in the relationship ", and issued in 2007 the People’s Republic of China Property Law(hereinafter referred to as the" property law ") is in the civil lien legislation explicitly break contract debt limit, of applying lien claim, irrespective of the cause, only emphasized the indwelling and creditor’s rights with the same legal relationship". At the same time, it also provides the first time the commercial lien, and the use of the commercial lien, except for the "inter firm".For the modification content of "property law" is in favor of the expansion of the scope of creditor’s rights of liens, and it is different from property lien legislation in Switzerland, Taiwan of China and so on. The latter use ‘implicative relationship’ to express the relationship between retained property and creditor’s rights. Which one is better between the expression of “the same legal relationship” in our country and the implicative relationship in Switzerland, Japan and China Taiwan region? How to understand the "the same legal relationship", the provisions of whether there are still to be improved? Therefore, on the basis of comparing the different rules of "implicated relationship" and "the same legal relation", this study explores the perfection of relevant supporting system under the background of "the same legal relation". Also although our "property law" established the commercial lien system, despite legislation adopts the expression of "enterprise lien except", then it means that the commercial lien in the establishment of not need debt and lien has any implications? Is it necessary to define it in business relationships? Whether the provisions of the main body of the commercial lien is limited to the "enterprise", other subjects such as individual industrial and commercial households, rural production and operation of the contract households and so on are also applicable to the provisions of commercial lien?On the above problems, the paper studies them through four parts. It is discussed in the first chapter the existing theoretical arguments about the implicated relationship system, and comparative analysis of national legislation, and it also give the contrast analysis the expression of "the same legal relationship" and implicated relationship. In the second chapter, it is mainly from the hermeneutic perspective to understand the same legal relationship, and discussed mainly through the case form and on the various types of debt in the same legal relationship identified angle to clarify the cover range of this statement. The third chapter discusses implication the commercial lien right, and it explains mainly from the subject and the scope of angle of the commercial lien. In the fourth chapter, about the inadequacies existing in the legislation system of civil and commercial lien, it puts forward suggestions for legislation and the application of the law.