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票据质押具有较强的专业性,能够兼顾效率和安全,在担保和融资领域起着重要作用。我国的票据质押受到《物权法》、《担保法》和《票据法》等多部法律的规范,人们对不同法律规定在理解上的差异形成了对票据质押问题的不同主张。首先,关于票据质押的性质众说纷纭,对此问题的不同理解,会直接关系到对质权法律关系的效力和实现途径的认识。其次,人们对现行法律中票据质权的设立问题理解不同,使得认定质权是否有效设立产生了颇多争议。再次,票据质押同时拥有《物权法》、《担保法》和《票据法》上的效力,因此,需要明确票据质押的效力。由此,探讨票据质押行为的性质、票据质押的设立及其效力等问题尤为重要。
Pledging instruments with strong professionalism, to both efficiency and security, in the area of security and financing plays an important role. The pledge of bills in our country is regulated by many laws such as “Property Law”, “Guarantee Law” and “Negotiable Instruments Law”. Different opinions about different laws and regulations have formed different opinions on the pledge of bills. First of all, there are many different opinions on the nature of the pledge of bills. Different understanding of this issue will directly affect the validity and ways of realizing the legal relationship of pledge. Second, people have different understandings on the establishment of the bill pledge in the current law, which leads to a lot of controversy about whether the establishment of the pledge is valid. Thirdly, pledging of bills has both the validity of “Property Law”, “Guarantee Law” and “Bill Law”. Therefore, the pledge of bills needs to be clarified. Therefore, to explore the nature of the bill pledge, the establishment of pledge of bills and its effectiveness and other issues is particularly important.