Study On The System Of Relinquished Security

Along with market economy's development as well as the enterprise financing need,the system of relinquished security obtained the widespread application in many countries and the area,and the concrete application form of the system of relinquished security has already appeared in our country,the system of relinquished security in our country's construction already is society's urgent demand.This article believed that although "the People's Republic of China Reality of laws" does not have the stipulation to the system of relinquished security, but this did not explain that the system of relinquished security legislation the urgency,it is only showing the system of relinquished security and "the People's Republic of China Reality of laws" the system is uncoordinated.This article believed that based on the reality to need of remises the guarantee and superiority,our country should through the formulation single line law to stipulate the system of relinquished security.This article divides into four parts.The first part,the outline of the system of relinquished security,mainly includes three aspects.First,elaborated the concept and the characteristic of the system of relinquished security,thought that the concept of the system of relinquished security has generalized and narrow division,the relinquished security which this article refers to is generally the narrow system of relinquished security,and pointed out that the method of the system of relinquished security to implement to appraise the settlement,then analyzed the characteristic of the system of relinquished security Next,elaborated the historical evolution of the system of relinquished security,the analysis explained the system of relinquished security originated in the ancient Rome law and the ancient Germanic law trust system,and introduced the system of relinquished security in German,Japanese,the Taiwan area of our country Development.Finally,elaborated the valid question of the system of relinquished security, through to questioned the critique of the valid viewpoint(relinquished security has the false meaning to express,the content of the relinquished security has suspicion of the fluid medium contract,the relinquished security violates the legal principle of real right)of the system of relinquished security to indicate that the system of relinquished security is one effective non-model guarantee way.The second part,the elementary theory of the system of relinquished security,mainly includes four aspects.First,elaborated the legal structure of the system of relinquished security,mainly involves the property rights constructionism,.guarantee power constructionism,.anticipates the power constructionism of the system of relinquished security,then draws out this article viewpoint,the system of relinquished security power is one kind of new security interest. Next,elaborated the hypothesis of the system of relinquished security,this part mainly concerns the system of relinquished security to set up through the bilateral written contract way;about the litigant of the system of relinquished security,the article thought that the establishes person and the guarantee power person may be themselves or the third person; about the sign of the system of relinquished security,the article thought that so long as having the independence and remise the nature to be possible to become the sign of the system of relinquished security.Once more,discussed the question of the announcement of relinquished security.this problem is the most difficult place of the system of relinquished security in legislation,this article establishes the Public announcement way.Of the real estate,the movable property through the typological research technique,each right public announcement way. Finally,about the potency of the system of relinquished security,mainly involves the internal and the foreign potency of the system of relinquished security.The third part,the system of relinquished security and the related system's relations, mainly includes five aspects.First,discussed the relations of the system of relinquished security and the sell crosses the guarantee,explained the differences between the relinquished security and the sell crosses the guarantee the difference.Next,the relations about the relinquished security and the chattel mortgage,pointed out the necessity and the feasibility of the system of relinquished security to replace the chattel mortgage.Once more,carried comparison between the system of relinquished security and our country commercial housing mortgage,elaborated the concrete difference between the relinquished security and the commercial housing mortgage,promulgates the mortgage with to remise the guarantee is the different guarantee way,they cannot mutually substitute.Afterward,elaborated the relations,of the system of relinquished security and the financing securities loan,first explained the financing securities loan's meaning,then through the financing securities loan's movement procedure to declare the system of relinquished security is the legal base of the financing securities loan.Finally,elaborated the relations between the system of relinquished security and the inward documentary bills,analyzed the meaning of inward documentary bills,and thought that the relation between the card line and applicant's in the inward documentary bills is the relation of relinquished security.The fourth part,the system of relinquished security in our country's construction,mainly includes three aspects.First,elaborated the necessity of our our country established the system of relinquished security,our country currently already presented the concrete utilization form of the system of relinquished security,such as the financing securities loan,but the chattel mortgage which have many same things with the relinquished security can not be able to satisfy the guarantee need of the people well in the real life,so,our country had sets up this system's external need.At the same time,the system of relinquished security own superiority has been the internal cause to introduce this system.Next,elaborated the feasibility of our country to establishethe system of relinquished security system,the article mainly analysis the feasibility of the economic,the law origin and the technical in our country.Finally,analysis the legislative pattern of our country about the system of relinquished security,first elaborated the argument on the pattern of our country scholars to construct the system of relinquished security in our country,then proposed the viewpoint of this article which based on security interest's viewpoint,the proper attention to both theory's logic and the reality usability,this article thought,maked the single line law control the system of relinquished security is the inevitable choice.of the Legislation of the system of relinquished security in our country.