Research On The Legal Issues Of The Pledge Of Retail Lease Rights

Since the 90s of last century,with the advancement of reform and opening up,China's small and medium enterprises have been developing rapidly and have made a great contribution in promoting employment,technological progress and promote economic development and other aspects.At the same time,China is also constantly improving the development environment of small and medium enterprises,so as to create greater social value and promote social development.However,there are some problems that can not be ignored behind prosperity,and financing difficulties become prominent problems that plague and restrict the growth of small and medium enterprises.In this case,small and medium enterprises in Jiangsu and Zhejiang provinces,especially the smaller scale of operation,relatively high demand for funds with commercial banks and shop owners to carry out a new type of security,known as the commercial lease right pledge guarantee.The emergence of this new type of guarantee,an effective solution to the problem of financing difficulties for small and medium enterprises to provide a small source of funding to expand the production and promote the rapid development of enterprises.However,the way of guaranteeing the right of commercial lease is not clearly stipulated in the Property Law and the Guarantee Law,which is undoubtedly a major challenge to the legal principle of real right in property law.How to confirm the legal effect by law and judicial that laws and regulations do not provide a large number of practice in the use of the guarantee method?This paper intends to make some suggestions on the relevant legal issues of the pledge guarantee of the commercial lease right,and make some reference to the relevant issues in the legislation or practice to promote the innovation and development of the new guarantee mode.