Research On The Mortgage Spends Legal System

The thesis is divided into preface, text, conclusion three greatly parts.The preface part discussed to mortgage although the power system develops a very important function under the market economy condition. But because that system has a foothold in mortgage power of the legal right keep intact function, will see as the basic characteristic of mortgaging the power from the attribute, denying the mortgage power independent existence, obstructing mortgage power investment to circulate function of exertive. The lawmaking shouldn't limit at traditional theories, but should adapt a society reality need to make innovation, point out an our country mortgage power system should at the time of insisting mortgage power from the attribute principle, provision mortgage the power turn independently, adoption mortgage the power combine together from the attribute and the independence of system. So can not only develop mortgage power to keep intact function, but also carry out it to circulate a margin and invest function, thus better develop an essence attribute of mortgaging the power.The text divides five parts, is the introduction which turns basic concept, essence and system value independently to the mortgage power first, for empress the text mortgage power to turn independently system of launching and working well cushion;The second part turn an institutional lawmaking attitude to give introduction independently to the abroad concerning mortgage power. In this part mainly is fasten to fasten with British and American methods to big six methodses several more typical of nation of the mortgage power turned system to do introduction and explain independently;The third part is introducing abroad concerning mortgage the power turn system independently after the lawmaking ascend with theoretically of attitude, announcing writer to mortgage the power turn evaluation and related theories frame of a point of system independently, Be to two ex- part of generalize and sublimate. The four-part cent is the mortgage power which returns to return an our country lawmaking, according to our country mortgage power system of lawmaking present condition, and academic circles to mortgage the power turn independently of attitude, especially current real right method drafted plan and suggestion related provision within draft, put forward this text own standpoint, then think our country have a foothold in mortgaging the lawmaking of power system perfectly the native state of the nation have to have prospect in the meantime, applying the demand of economic and social development, but can't the solid step isolate one-self. The conclusion which gets from here BE:The mortgage power of the our country system should usher in mortgage power to turn system independently at the time of continuing to insist mortgage power from the attribute principle, the realization mortgage power turns independently and combines together from the attribute of system, so can not only develop mortgage power to keep intact function, but also develop a margin of mortgaging the power and invest function well, can the contented merchandise economy of the larger limit development to the need of huge margin.Last part is a conclusion, passing to front the whole origin text contents induce with summary.Order further clear mortgage power system of development trend is mobility, our country at perfect mortgage power system of time, although can't to foreign country of the thing adoption go fetch a doctrine, should also know modern economy a development well to mortgage margin, investment of demand, at continue perfect keep intact mortgage of in the meantime, rule mortgage power to turn independently, practice mortgage power to turn to combine together from the attribute and independently of system, respond textual standpoint and position further.