刍议商事留置权的成立条件——兼议我国现行法关于留置权的规定

商事留置权是指在双方商行为的场合,商主体之间基于商事活动所发生的,债权人为实现其债权而留 置债务人所有的物或有价证券的权利。我国现行法中虽然有关于留置权的规定,但该规定的适用范围过于狭窄, 适用条件过于严格,尤其不利于对商人之间基于连续性交易活动产生的债权予以保护,因此在双方商行为条件下, 我国的法律法规应扩大留置权的适用范围,对商事留置权的成立条件予以扩大解释,以确定商事留置权的流动性 担保地位。

On Conditions for the Establishment of Commercial Lien--And the Interrelated Provisions in Our Present Statutes

Commercial lien refers to the right for the creditor, that develops between commercial bodies in a business transaction on the occasion of bilateral commercial juristic act, to detain the property or securities owned by the debtor for the purpose of realizing his creditor's rights. Although provisions about lien have been established in present statutes, the limited scope and over-restrict conditions of their application are in no way suitable for the protection of obligatory rights developed from continuous transaction between commercial bodies. This article puts forwards the opinion that, in bilateral commercial juristic act, the application scope of lien system should be broadened and the conditions for the establishment of lien as well should be hermeneutically moderated, and the nature of commercial lien as a form of floating warranty shall ultimately be realized.