【摘要】 影响质权行使期间规则设计的因素包括“占有”“从属性”和“担保利益”,这在各立法模式中可得到证实。《民法典》施行后的新司法解释改变了旧司法解释未充分贯彻该三项因素的弊端，债权人的担保利益由此得到大幅提升。对于突破质权从属性的理论解释，我国借鉴德国法的“击破”理论比法国法的“永久承认说”更优。行使占有型质权不受预定期间限制，主债权消灭之前占有型质权具有留置效力。登记型质权行使期间是主债权时效期间，具体规则参照适用抵押权行使期间的规定。“及时行使质权规则”的理论正当性存疑且实际适用效果不佳，因此是一项失败的规定。更多还原

【Abstract】 Factors influencing the design of the rule on the exercise period of a pledge include “possession”, “subordination” and “security interest”, as evidenced by various legislative models.The new judicial interpretation following the entry into force of the Civil Code has altered the shortcomings of the old judicial interpretation, which did not adequately implement these three factors, and as a result the security interests of creditors have been significantly enhanced. For a theoretical explanation of the breakthrough of the subordination of pledge rights, the German law doctrine of “Break” is preferable to the French law doctrine of “Permanent Recognition”. The exercise of a possessory pledge is not subject to a pre-determined period and the possessory pledge has a lien effect until the principal claim is extinguished. The exercise period of a registered pledge is the period of limitation for principal claims, with specific rules referring to the rules of exercise period of the mortgage. The “Rule of Timely Exercise of Pledge Rights” is a failure because of its dubious theoretical justification and its ineffective application in practice.更多还原