A Study On The Hypothecation Of MRRPG

Hypothecation guarantee,featuring as its special construction of regulation,takes a great important position in claim guarantee system. Because of problems of recognition,China's Guarantee Law has not kept the pace of times,and failed to meet the need development of social economy. One problem,among them,is that the emerging hostage has not been confirmed by law. The Management Right of Real Property Guarantee(MRRPG) is a new property right under market economy condition. In the recent economic activity,in order to make maximum profits,it is not rarely that business runner takes the advantage of the right of independent value to make it as a guarantee. Unfortunately,because of law's failure to provide the guarantee right definitely and illustratively,the court often invalid the activity,consequently,the proper right cannot be protected from law it deserved,which results in the normal economic activity is barricaded unreasonably,and the perfect and most typical guarantee cannot play its own role fully.In view of this,in many new property guarantee,such as MRRPG,Mining Right Guarantee,Fishery Right Guarantee,and Stall Right Guarantee,and so on,the present author choose the frequent-used MRRPG as the research target. Beginning with a case that two cases of same contents with opposite justice results by court,the thesis argues that MRRPG is not an obligatory tight,rather,is a property right,which is resemble to both the whole people owned enterprise management Right,and French Law's Use and Obtain Right. In accordance with the characteristic andaction which hostage should behave,MRRPG is a right having independent economic value and may fulfill the task of guaranteeing the activity of claim. Many views against the new-typed guarantee right,without exception follow the principle of property law .The author,however,from the perspective of forming conditions,China's realistic basis,and foreign experience of property law,expounds that we cannot abide by property law principle with absolutism.Finally the thesis deals with things of MRRPG system,such as obtain ,register,and realization of Guarantee Right Law System is not of perfect one,the judicial officer should start with research into aim of legislation,and make a confirmation of the new-typed legal relation in the light with the principle of giving full play of legal system.