Legal Issues Research On The Stores Leasing Right Pleding

According to the requirements of the socialist market economic development, The property law, guaranty law, contract law and other laws of our country set the rules of the relevant system of real rights for guaranty, which Play an active role in the way of Promoting the economic development, Protecting the safety of market and Accelerating the velocity of circulation of commodities. With the development of the social economy and the continued expansion of property rights, Market transactions spawned by way of guaranty of the law does not expressly provided for. Some scholars called the way of guranty as "legal guarantee" which expressly agreed terms of the law, "non-statutory guarantee" or "atypical guarantee." which not expressly agreed terms of the law.Currently, in order to obtaining financing guarantee funds for SMEs in some areas of our country, The diversity of the non-statutory guarantee form were appeared in practice, such as: the lease of stores, Taxi franchise, financial products, utility tariffs Right and so on. As an important emerging security interests, the lease of stores which means the stores operators or retail tenant have the right to possess, use, income, the priority to lease, sublease, etc. the right to pledged object (also known as the collateral subject), to guarantee the pledgee, the pledgor in accordance with the contract failed to perform when the debts within the period, the pledgee is entitled to a right of pledge in the form of a leasehold interest in the above price change of priority claim. No matter how In terms of nature of the rights, or from the point of view in terms of practical operation, the pledge of stores lease are an important rights are independent of the pledge value type. At present retail leases pledge has gradually become an important financial debt by way of guaranty. Such as large-scale professional market of China’s Jiangsu Changshu, Yiwu, Zhejiang, Guangdong, Dongguan and other regions appear in the way of guaranty by the prominent, but also attracted the special attention of banking and judicial practice, the research background in this paper retail was the stores leasing right to pledge, in order to makeing our country to adapt to the changing and development of the social and economic, providing a theoretical basis of atypical security interest, at the same time, this aspect of the research results will help to further affirmed the financial sector for civil rights innovation, promoting and developing shops operating income financing function, thereby promoting socio-economic development.This article will mainly take the empirical analysis and analysis of legal norms and the respect of law and economics, with the current stores leasing Right of pledge of property law and practice by security law basic theory analysis, attempts to retail leasing the right to pledge legal issues were discussed. In addition to the introduction and conclusion of this article is divided into five parts. The first part discusses the current situation of stores leasing right of pledge, as well as problems and obstacles that exist in the system; The second part discuss and analysis the object, the statutory constituent elements, values and feasibility, the legitimacy of the system; The third part discusses the establishment o and publicity of stores leasing right of pledge; the fourth comparative study at home and abroad, about the protection of the interests of creditors, discusses the realization of a pledge; the fifth part consideration how to make the system structure of stores leasing right of pledge.