Discussion On Legal Issues Of Pledge Of Charging Rights

In the transition period of economy and tackling tough period,the financing difficulty and the difficulty of the loan have been a hot issue that people generally care about and ofen discuss.As we all know,whether lending to banks or lending to other people,the creditors generally require the debtor to provide a guarantee to ensure that their claims can be successfully implemented.Because of its convenience,the pledge of rights occupy a large part of all the guarantee ways.Among most of the property rights,charging right,because of the advantages of a stable cash flow,is favored by creditors.So it may become common choice of pledge of the debtor.on the legal regulation,charging rights pledge stay in a embarrassing situation: first,the legal provisions is not clear.There provisions of several charge right types are restricted in the judicial interpretation,department regulations,local regulations and so on.Not only they just have low level of effectiveness,but the contents are messy and not unified.Second,the theorys also exist many disputes,including the legal status of the dispute,pledge registration procedures of dispute,the realization of the pledge rights disputes.Third,practice appeared many disputes and it need for legal regulation.In the face of such a predicament,In November 2015,the Supreme People's court announced No.53 of guiding cases,analysis the charging rights pledge which exists disputes,the feasibility and necessity and how to set up and implement in our country's present situation.At the same time,the court's decision on this case put forward different views and give advices to other courts in the face of similar cases.Finally,on the basis of analyzing the above problems,this paper also tries to discuss how to improve the pledge of charging rights in our country.