| As a statutory guarantee real right,lien has been stipulated in General Provisions of the Civil Law,contract law and Guarantee Law already,but there are still many issues about it.With the rapid development of market economy in China,the stipulation of lien in China is no longer fit for the development since the function of statutory guarantee can not be allowed full play.Although progress has been made in Property law of the People's Republic of China,problems such as too narrow scope of validity and incomplete validity relief,the function of the lien is still seriously restricted.This article aims at studying the scope of validity and shortages of the lien via comparison and analysis,thus offering proposals on the improvement of legislation of lien in China,especially on the scope of validity.The first part aims at studying the effect of the property of lien on the scope of validity and relative academic issues.The second part aims at analyzing the legislation status and relative problems.The main points are the relationship between the scope of application and validity of lien,whether the non-accommodations are included in the scope of validity of lien,whether the real estate is included in the scope of validity of lien,property rights,whether the property detaching the principal obligation of the debtor can be possessed according to the lien,whether some exclusive restrictions such as personal property should be made,and relative issues on relief.The third part aims at the study of legislation and administration of justice abroad,listing different stipulations on the scope of validity of the lien between the continental legal system and the Anglo-American Legal System.In this way,we hope that we can draw lessons from the experience abroad to improve the lien in China.In the fourth part,we have come up with some reasonable proposals on the improvement of the lien of China,according to the advanced experience abroad in combination with the practical situation in China. |
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