Some Legal Questions In Judgement About The Disputation Of Finance Unhealthy Assets Dispose In Our Country

From 1999, finace unhealthy assets arranged by state council, that begin to be disoposed largely, then lots of unhealthy assets enter a overall liquidate after some chaim transfering, that enlarged our court accept this kind of case a lot. Because of the law of our country is unperfect, that cause a string of law dispute when the court accept those case. Then, the question of maximum amout mortgage right, prescription of action on security of guaranty and the responsibility of liquidation have the most dispute. This article sharts from the regulation of curret laws, which analysis the regulation of curret laws ande the main ideas of law circle about this question based on curret. Lows,express author's idea about the judge about those dispute, and mention the way to make laws.According to the regulation of our country's guarantee law, principal creditor's right and mortgage right of maximum amout mortgage right are mohnegotiable, and this rule will geeply affect the disposal of finace unhealthy assets. So, scholares suggest many different opinion, writer suggest the principal creditor's right and mortgage right of maximum amout mortgage right could transfer according to law, duing dispute the finace unhealthy assets. The guarantee law of our country have no regulation about when should the prescription of action on invalis security of guaranty to count. According to the opinion of law circle and the regulation of guarantee law, writer suggest that the prescription of action on invalid security of guaranty should start accout from the day end of guaranty. But for the prescription of actiom on effective guaranty, that should according to the managing company of finace unhealthy assets the first time urge the oliger, then confirm the duration of guaranty and the prescription of action. The responsibility of liquidation should keep the principle that the launch undertake the responsibility. But for the state-owned enterprise or the collective enterprise, the responsibility of liquidation should undertaked by the manger who have the right authorized from the state or the collectivity. If the actor don't perform the liability for liquidate,they have the respensibility to compensate the enterprise's debt.