On The Application Of Expansion Of Commercial Lien

Since the "Real Right Law of the People’s Republic of China"(hereinafter referred to as the "Property Rights Law")has been promulgated for more than 10 years,it classifies liens as civil liens and commercial liens,and distinguishes between the two requirements.It has substantially amended the "People’s Republic of China Guarantee Law."(hereinafter referred to as the "Law on Security")in the provisions of the lien.The civil legal relationship emphasizes equality,the commercial legal relationship emphasizes efficiency on the basis of equality,and it should be affirmed that it is of great significance to distinguish the lien by legislation.However,the concept of commercial lien is obscure,civil liens and commercial liens overlap,commercial liens willfully spread,and deviation from legal understanding.The application of liens in practice will gradually reveal problems,especially the application of commercial liens prominent.The main value of commercial liens is to reduce transaction risks,ensure transaction security,and meet the requirements of high efficiency in commercial transactions.Judicial practice cannot ignore that it should also have a basic value of maintaining fairness and fairness.Article 231 of the Property Law stipulates the requirements for the application of commercial liens,but the provisions are extremely incomplete.The result of such simple and unclear provisions is that the scope of application of judicial extension of commercial liens shall be arbitrary.Either reverse its use of its positive and negative elements,or improperly limit and abuse commercial liens,in short,seriously hindered commercial liens from playing its value.For example,the main body of commercial liens in China only stipulates "between enterprises," but in practice,the subjects involved in commercial activities include individual industrial and commercial households,rural contracting households,and the special legal persons stipulated in China’s "General Principles of Civil Law".It is the subject of commercial lien,and there is only movable property on the object of commercial lien.However,the objects of foreign legislation include securities and even real estate.Is there any need for China to learn from foreign experience?Another example is commercial liens.Whether it was obtained in good faith,obtained through creditor’s rights and other means;of the principal claims secured by the commercial lien,except for the debt of the contract,no debt due to management,unjust enrichment,or infringement can be guaranteed by the commercial lien Debt.Based on the confusion of the above issues,this article will start with the status quo and inadequacies of commercial liens,analyze the system of commercial liens from the point of view of interpretation,and put forward the system concept of perfecting commercial liens from the perspective of legislation.The compilation and construction of property rights in the Civil Code provides advice and suggestions on the improvement of commercial liens in China.