Research On The Commercial Lien

2007passed the "Teople' S Republic of China property law", "Property Law"section 231 provides that:"the creditor retention of property, and claims should belong to the same legal relationship, but retention is not required between enterprises of the same relationship."this section reflected the difference between civil lien and commercial lien for the first time in our country's legislation. It ensured commercial transaction's security and efficiency and the interests of both sides.But in practice, because the demand of commercial transactions.the provisions of commercial lien is insufficient. "Property Law"didn't give a suitable define of commercial lien's scope. This will be no good for commercial lien exercised in the judicial practice.This article first discussed legislative situation of commercial lien thoroughly.In reality, before the Property Law enacted, there was only general provisions but it didn't distinguish commercial lien and civil lien.In 2007, the property law was enacted,231 reflected commercial lien the first time. But the property law, the provisions about commercial lien was too simple,it cannot solve the actual problem in the business transactions.Next the commercial lien's established condition and effectiveness are discussed in detail.Commercial trade is great, and businessman's trading had high frequencies and lasted for a long time, so the definition of commercial lien was good for commercial transaction, and this is the value of commercial lien function. According to the legislation abroad for commercial lien and provisions of commercial lien theoretical analysis, it can be seen that commercial lien subject should be businessmen, and commercial lien subject matter including securities, and the established condition of civil lien was different from commercial lien.Implications theory, commercial lien positive elements and negative elements are comparatively also.Finally, the article briefly discussed about how to perfect commercial lien system problem. In the current law, it mainly aimed at the existing problem of legislation proposals. Mainly including that how to expand the subject matter and definition implications. Commercial lien system and other commercial system are established mainly for commercial activities, but because the provisions of laws, China does not exist commercial code, so the choice of commercial lien legislation pattern, and commercial legislation mode choice, this section makes a discussion.Commercial lien system is a whole system, the application for this problem, this paper only provides a preliminary idea, it still needs further research.