Research On The Pledge System Of Shop Lease Rights

With reform and opening-up and continuous development of the economic in our country,many small and medium-sized enterprises came into being and have been developing.However,the difficulty of financing guarantees once became the biggest obstacle on their development paths,which causes some private enterprises to take the lease right of shops that has not been explicitly stipulated in The Property Law of The People's Republic of China directly as the object of pledge guarantee for realizing the purpose of enterprise financing.Therefore,pledge of the right of store lease,as an atypical guarantee method,came into being.The emergence of this atypical type of guarantee effectively solves the difficulty of financing,provides a new guarantee channel and source of funds for small medium enterprise,enlarges enterprises' production and promotes the rapid development of the enterprise.In this paper,the relevant concepts involved in this way of guarantee will be elaborated,as well as the dilemma in practice will be analyzed and corresponding suggestions will be put forward.In addition,in terms of legislation and practical operation,better suggestions will be put forward to promote the establishment and implementation of the pledge system of store lease right.Firstly,there is still a big dispute over the nature of the store lease right and the security right with the store lease right as the object.Therefore,this paper will demonstrate the viewpoint that the store lease right belongs to the creditor's right and the store lease right guarantee is the pledge guarantee of the right.Secondly,because this kind of atypical guarantee method is not one of the types of real right for security stipulated explicitly in The Property Law of PRC,it may break through the principle of numerus clauses in The Property Law of PRC.Besides,whether its legal effect is recognized is also an important part of this paper.Finally,as for how to design the system of publicity and realization of pledge of the right of store lease,there have already been relevant reference examples and judgingdisputes in Jiangsu and Zhejiang areas of China,and different views and opinions have been given in academia.Hence,by using literature research,comparative analysis,case analysis and other research methods,this paper will carry out a detailed comparison and explore the feasibility of taking the delivery of creditor's rights as the way of publicity as well as innovation and improvement under the framework of legal realization methods such as discount and auction.