| The financing securities loan guarantee is refers to, in carries on financing to melt the transaction in the process, the investor to carry on the financing securities loan the transaction to provide certain guarantee to the negotiable securities company. Our country's financing securities loan guarantee is different outside the territory the financing securities loan guarantee. Our country finances the securities loan guarantee not to permit "the oversell mechanism", namely does not permit the investor when the financing securities loan transaction first carries on the negotiable securities to sell then borrows the negotiable securities again. Materially limits our country to finance the securities loan transaction to be the spot transaction; Our country's financing securities loan guarantee system "the earnest money" the establishment is different outside the territory the earnest money system, the financing securities loan guarantee system's core is the earnest money system, regardless in the earnest money.Our country experiment site stage is take the trust relationship as the foundation structure financing securities loan guarantee, but along with stock market's development, the financing securities loan scale will expand unceasingly, the financing securities loan guarantee's structure also needs at the right moment to adjust. This article is divided four parts to launch for this reason regarding our country finances the securities loan guarantees solid however and should however the research. Finances the question seek redress which to our country the securities loan guarantee existence's legal nature aspect, the legal relationship aspect, the legal relief aspect exists, profits from outside the territory the related question experience, the absorption related experience has the help in order to our country's financing securities loan guarantee consummation.The first part of the article, inspection financing securities loan guarantee system meaning and characteristic, exploration financing securities loan guarantee value. The summary of reason why financing securities loan guarantee is different with the traditional guarantee, provides the theory value basis for the later word to discus financing securities loan guarantee's legal matter.The second part analyzes nature question of our country. Emphatically in the securities loan guarantee legal base, in view disputing of the financing securities loan guarantee's legal nature does not decide the question, the evaluation overseas stipulated about the financing securities loan guarantee's legal nature aspect's laws and regulations, suggested our country establishes the financing securities loan guarantee the legal nature is for the trust guarantee. Regarding under the financing securities loan guarantee's trust guarantee legal nature should however legal structure detailed analysis.In the third part, is about the question aspect which exists to the financing securities loan guarantee legal relationship proposes the perfect method. In the legal relationship structure, the financing securities loan guarantee's litigant scope must match the financing securities loan participation main the expansion of persons to expand; The guarantee price value also waits for unearthing, suggested that expands the negotiable securities company to finance suitably the securities loan ticket source, prepares for the clear financing securities loan extension accommodation line.In the fourth part, it is our country finances the securities loan guarantee rights and interests relief system aspect. Consummation to put forward the proposal. The financing securities loan guarantee rights and interests relief system flaw, suggested that supplemented the investor informs the voluntary, the limit guarantee power person's compulsion to level the power, the consummation civil compensation system the stipulation and the establishment negotiable securities company credit rating system and the investor protects the evaluation system in the financing securities loan guarantee. |
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