Research On The Application Scope Of Lien

The so-called scope of the creditor's right of lien is a kind of reference produced for distinguishing the scope of the object of lien.In the process of application of lien,there will be various kinds of debt relations,such as "elements of debt relations",and the essential part of a debt relationship is the creditor's right,and the corresponding one will produce debt.In order to reflect the convenience of expression and the distinction of concept,the author uses "the scope of creditor's rights" to refer to the elements of the debt that need to be analyzed when the lien is faced with the relationship between different kinds of debts.The system of lien is not the inherent resource of this law field,but the "alien thing" transplanted from the foreign law.There are many aspects to be explored in the provisions of lien.This paper takes the four problems of lien as the core and the method of debt generation as the main line,analyzes the problems from the perspective of legal relationship,and finally draws its own conclusion.The first part of this paper is to analyze the system background of the lien,through the excavation of the origin and value of the lien system,to confirm the necessity of the expansion of the scope of the lien claims,on this basis,to find and put forward problems.In the second part,the author mainly analyzes the "four problems",combining the case with its legal relationship and shuttling back and forth,so as to solve the problem more clearly.The third part starts to explore the solution to the problem.After understanding the transplantation of lien system from foreign law,the solution turns to the comparative study of foreign law.By comparing the lien system of our country with the relevant regulations of foreign countries,this paper provides reference for improving the lien system of our country,and provides ideas for solving the "four problems" through the comparison of the lien system of foreign countries.In the fourth part,the author deeply analyzes the rationality of the provisions of the extraterritorial implicated relationship,and puts forward the opinion that "the same legal relationship" of China's lien is defined as "the creditor's right is generated by the labor or payment of the subject matter,or the return of the creditor's right and the subject matter is based on the same legal relationship",and accordingly excludes the inapplicability of China's lien In order to get rid of the practical dilemma of the application of lien,the types of creditor's rights and the applicable space of the scope of creditor's rights should be clarified.The author looked up the cases in recent years,summed up the contradictions existing in the lien system,and then collected the papers of domestic scholars,compared the advantages and disadvantages and combined with their own thinking,put forward constructive suggestions.