| During the development of modern social economic, the currency plays a more and more important role, with the financial development, the bank as the core, is becoming the center of the global economy increasingly. Because the hypothec institution displays a more and more influential role in society's economic development process, Secured mortgage, it is granted as the King of Guarantees for its superiority., Civil Law also established many creditor protection measures of implementing, one of the most powerful guarantee system is the hypothec institution. So how the bank apply to hypothec institution from the realistic problem is to be concerned.In China,the mortgage loan is occupying the central position in Bank's financing service, it is the main form in bank credit service, has the influential role to the bank's steady development. Mortgage Confirming bank creditor's rights'realization, the promotion customer prestige idea's enhancement, strengthens to the loan customer binding force, the new gauge in The Property Law also gave the bank mortgage to the mortgage system's breakthrough to realize has had various influence, it may be said that opportunity and challenge coexisting. Looked from the reality situation that banking industry is not entirely as desired to the mortgage system's utilization, to its research, waits for theoretically thoroughly, in the practice must refine the innovation.This article analysis and refinement the material collected, to the thing which may use carries on the excavation, discussion mortgage system's utilization properly in the bank angle, the research of The Property Law andThe Security Law as well as in the related legislative of related stipulation, recognizing various laws and regulations the principle comprehensively, the objective and the essence, during maintenance creditor's rights'better each right which and the duty exercises the law to entrust with, the inspection mortgage system's historical development and the experience, analysis the influence of mortgage system which brings to the bank. Through the material analysis and the rigorous summary ponder proposed that can bring the economic efficiency and the social efficiency strategy and the suggestion, expected that may achieve the reduced dispute, reduce the loss as well as the foundation harmoniously, to raise the efficiency, the creation benefit, the enhancement prestige goal, promotes the effective realization of bank mortgage, each service is also good the quick developted. Therefore, promoting the sound development of banking.This article mainly divides into four parts, first is outline to the hypothec institution, definition of the mortgage's concept and the characteristic, recognize its important position and to banking industry's function clearly; Next is to carries on the inspection from the historical longitudinal angle and the domestic and foreign crosswise angle, the inspection hypothec institution's historical evolution, discusses the new stipulation of The Property Law to the hypothec institution's new breakthrough; Bases on the present legislation, analysis the shortcoming exist in the hypothec institution once more, for example, analysis dialectically for the expanded scope of the property which could be used for mortgage,elaboration negative effect to movable property floating mortgage system and registration system; Finally, proposed the conception to consummates for the bank using the hypothec institution, for a better protection and realization of the bank creditor's rights.
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