Study On The Legal Issues Caused By The Dynamic Pledge Of Movable Property In A Bank Loan Contract Dispute Case

In today's judicial problems,civil and criminal cases caused by civil contract disputes that based on the people who continue to start the proceedings to protect their own rights and interests.It makes the cases difficult to settle.The paper is based on the case of a bank loan contract dispute.There are following three problems that based on the author's further thinking's.First,financing methods produced based on credit relationship between banks and complete to establish the middle small companies.Then,a new type of legal problem is derived,that is,the dynamic pledge of movable property which is based on commodity financing contract.This is the new challenge to the principle of real right legality causes discussing of scholars.Second,for some reasons,the loan contract expires ahead of schedule and the debtor is unable to repay it,they start to think out of their mind and want to obtain new funds from other places through illegal ways.There are new problems based on a series of litigation,because the debtors want to realize above-mentioned objectives by signing sales contracts.That is how to determine the validity of the contract which signed in the fraud crime and how to realize the right after the validity determination.Thirdly,it is worth further thinking whether in the criminal and civil emphasis "criminal procedure before civil procedure" or criminal procedure and civil procedure independent to realize maximization of the protection of rights and interests.There might be several effective legal instruments,based on the different kinds of starting procedure.The case which analyzed and discussed in the paper has both criminal judgment and civil judgment documents.Based on the general expression and uncertain in effective legal documents,in this case,it is difficult to distinguish between a number of victims who should have corresponding relief order and share in the judicial practiceof execution.They can only do that trigger a series of problems of execution objection to start a new procedure for the solution of the problem when they can't get a response,which make the case more difficult.Finally the rights and interests of the victims are difficult to realize.Therefore,how to deal with the property which involved in the case has become another focus of the paper.In conclusion,the author hopes that through the analysis and discussion of the three issues that can finally solve the case which has consumed more than five years.