A Security Interest In Function Theory

This dissertation is composed of three parts besides an introduction.This dissertation researches the functions of real right of pledge. There are two reasons for doing so. One is that the experiences of economic development in the world shows that real right of pledge plays an extremely important role in promoting financing and property transfer and in protecting transaction safety, thus research the relationship between real right of pledge and economic development will be of practical importance for promoting the construction of market economy in China. Another is that the study of this subject in China was generally speaking limited to the system itself and solely from the viewpoint of rationalism or by comparing the various systems in other countries, thus neglecting the internal relationship between real right of pledge and economic development, and did not study thoroughly the social functions of real right of pledge, which in turn delayed the study of this subject.One can not deny that economic development promoting the system of real right of pledge, and the motivity of the evolution, development and growth of real right of pledge lies in economic development. Thus we shall study the evolution of real right of pledge through the research of economic development. Simply by comparison or by logic reasoning can not reveal the inevitability and rationale of the system, neither can it demonstrate the conditions under which certain type of real right of pledge can function properly. As a country hung behind in social and economic development, the construction of many legal institutions was not solely the outcome of economic development, rather the outcome of legal transplantation, thus there inevitably emerges some disjoint between law and practice because of lack of social validation of transplanted laws or institutions. So the author holds that it's a proper choice to study the rationales of institutions using researching methods of sociology of law, i.e. studying the institutional elements and evolution of real right of pledge from the starting point of analyzing the function of law in meeting social requirement. The main points of concern of this dissertation are the demands ofeconomic development as to the functions of mortgage, and how shall we improve and perfect the institution of security.Law comes from society. The growth of legal institutions depends on the demands of society. In a changing society, there are daily changes in law. So is the same with the institution of security. Thus this study is not limited to typical security. Rather, the author studies institutions that have the substance of security.It is of great value to study the institution of security from the viewpoint of institutional functions.Firstly, the study of the functions of real right of pledge will be of importance in understanding the relation between the institution of security and market economy. The function of law means the effect of legal norms when applied to social practice, which means that the essence of this study is a study of real right of pledge in conjunction with social economy.Secondly, making function the subject of this study will be helpful in grasping the trends of the institution of security. Real right of pledge is an important legal means of enhance credibility. The value of real right of pledge is its proper functioning will meet the demands of credit in social economic life. As a property movement in market, credit transaction will certainly change with the improvement of economy. This in turn requires its warranty means (i.e. real right of pledge) provides relevant functions.Lastly, the study of the functions of real right of pledge will be of some help in promoting the constructing of an institution of real right of pledge in conformity with modern financing. The author holds that real right of pledge is not some incompatible, clearly defined real property. Rather, in order to secure the safety of claim, people are consistently seeking ways of set security most properly and most efficie...