A Study On The Application Of Legal Rules Of Bill Pledge

With the rapid development of social and economy,more and more attention has been paid to the efficiency and safety in the civil and commercial transactions.Under the background,bills have been widely used in civil and commercial affairs because of their own particularities.More and more civil and conmercial parties choose to pledge bills for financing guarantee.However,the legal rules of bill pledge are not consistent,and the application of the rules are in a confusion in judicial practice,which seriously affect the bills' function of financial guarantee and the authority of court.Therefore,this dissertation carries out a study on the application of legal rules of bill pledge in order to solve the problems in the application of legal rules of bill pledge,fully protect the legal rights and interests of the parties,promote the prosperity and development of the bill market and safeguard the authority of court.This dissertation discusses the application of the legal rules of bill pledge through four chapters.In the first chapter,the author introduces the basic theoretical knowledge of bill pledge,including the concepts and characteristics of chattel pledge and right pledge,and clarify the concept and characteristics of bill pledge.In the second chapter,the author lists and summarizes the relevant legal rules of bill pledge from the level of legislative provisions.Subsequently,the author collects and sums up relevant judgments on bill pledge disputes and discusses the problems in the application of bill pledge rules,that is,there is no uniform standard of the application of legal rules when different courts are faced with the bill pledge disputes with the same facts.Some courts apply civil law rules to adjudicate,some courts apply bill law rules to adjudicate,and some courts choose to apply the two rules according to specific circumstances.It leads to different results in cases with the same facts.In the third chapter,the author summarizes and comments the views of several scholars on the application of legal rules of bill pledge and then put forward the author5 s views in the end.When the court hears the bill pledge disputes,it shall apply civil law rules or bills law according to the specific circumstances of the case.The fourth chapter is the key chapter of this dissertation.In this chapter,the viewpoints of choosing to apply the rules of civil law or bills law are discussed separately.That is to say,under what circumstances should the court apply the rules of civil law to adjudicate,and under what circumstances should the rules of bills law be applied to adjudicate,as well as the legal effect and the ways of realizing the right of pledge arising from the application of different rules.Secondly,by comparing the legal effects and the ways of realizing the right of pledge of different legal rules,the author puts forward her own views,and suggesting that guiding provisions shall be regulated during compilation process of China's Civil Code.In this way,the parties can realize that the best way to realize their own interests is to adopt the rules of bill law to pledge bills,so that the parties will be more inclined to adopt the rules of bill law and the courts will apply the rules of bills law more frequently to adjudicate cases.Legislative guidance will not only help protect the rights and interests of the parties,reduce disputes and promote the development of bill transactions,but the application of legal rules can also be unified to a certain extent.There are two innovations in this dissertation.The first one is the innovation of structure.Scholars who advocate to apply the rules of civil law rules or bills law rules only put forward suggestions at the end of the dissertations but did not discuss the specific details under their points of view.Different from its architecture and arrangement,In the third chapter,the author summarizes and comments the opinions of other scholars and give the author's own views on this issue.The author believes that the legal rules of bills law could be applied,that is to say,the courts can apply the rules of civil law and bills law to adjudicate cases of bill pledge disputes.In the fourth chaopter,the author elaborates the specific details of applying the rules of bills law.That is to say the application of different legal rules under different circumstances,as well as the legal effects and the realization ways of right of pledge arising from the application of different legal rules.On the basis of the comparative analysis of the legal effects and the realization ways of right of pledge,the author puts forward suggestions again,and advocateing that guidance rules shall be ruade to solve the issues during the compilation of civil law.The second innovation is the author's opinion..Scholars who advocate the application of civil law rules or bills law rules only stay at this level,without further discussion and research.Under the principle of choosing the applicable rules of civil law or bills law,the author puts forward further opinions by analyzing the different legal effects produced by applying different rules.It is suggested that guiding legislative provisions shall be regulated in the future China's Civil Code on this issues.Through guiding provision,the parties will realize that the application of bills law rules is better,thus guiding parties and courts to choose rules of bills law more frequently.Based on the principle of choosing the application of legal rules,it can improve the degree of uniformity...