The Research Of The Maximum Mortgage System In China

With the establishment of socialist market economic system,people has more attention to maximum mortgage, a special mortgage, guarantees the continuous obligatory rights on continuous relationship in a period time. Compared to ordinary mortgages, the maximum mortgage performs more and more important functions in the circulation of funds ,the guarantee of economic relationship. In practice, the maximum mortgage widely used in the business ,for example ,the loan contracts in the banking system, the continue business between the wholesalers and retailers and others. So , the the maximum mortgage is adopted in many countries. Germany, France,Switzerland, Japan and Taiwan all put it into the civil code .China also regulates it in Guarantee law of the people's republic of China and Real Right law of the people's republic of China The Guarantee law has introduction of the maximum mortgage, the Real Right law improved the maximum mortgage system, expansion of the main range.It has great significance to in improve the economic. However, to the maximum mortgage system modification and improvement ,the legislation has no substantive progress, the maximum mortgage system still has shortcomings and deficiencies.In this article , I analyzed the establishment, effectiveness, and maximum mortgage accounts from the basic maximum mortgage theories. Combined the experience of other countries with the law of China. I hope this article can improve the mortgage system ,make the system more effective in business.and the maximum mortgage can be widely used in the transaction .This full articlethe is divided into four parts: the first part ,mainly discuss the basic theory, characteristics and brief history of the the maximum mortgage system.The second part. mainly analyzed the problems when the maximum mortgage was established.The third part analyzed the problems in effection of the maximum mortgage The fourth part analyzed the problems when the maximum mortgage was fixed.I hope my study can help the development of the theory and perfection of the maximum mortgage system.So it can play a due role in the market economy.