Research On The Repledge With Responsibility System

In the traditional concept of a security interest in the most important feature is the guaranteed debts of the performance, now, with changes in social relations, security interest to look on the matter of the utility of play and try it with a security function while before development, which also conforms to the development trend of modern security interests. Now the interpretation and application of an important principle of property law is "the best use, value for money." The transfer of repledge with responsibility as a very effective means of financing, just follow these values in modern property law to do its bit to the development trend, but also for the prosperity of a market economy icing on the cake. Although the quality in our repledge with responsibilities to the legal relationship of civil debt objectively exist, but our legislation has not been carried out due to their specifications, clearly the phenomenon has not aroused enough attention to our legislators. China's Supreme People's Court issued in 2000, the Guarantee Law to explain the first 94 pairs of transfer quality requirements, our country not only to recognize the repledge with agreement to recognize the transfer of repledge with responsibility change the quality of quality. This is not perfect, not only led to the academic quality of the repledge with responsibility to the nature and related concepts, defined the problem of the vague, and the judicial practice cannot be successful."Property Law" on the transfer provisions of repledge, although slightly, but its maneuverability is not strong, because the Act on the quality of the content requirements change too shallow, nor the quality of the transfer rights and obligations of the parties to share in detail the specific requirements. doctrine, some foreign countries are more or less the repledge with responsibility to the system to a certain degree of certainty that the recognition of repledge with responsibility to quality of its constituent elements and the legal consequences of that there are many differences, but the differences between the reason is ultimately the repledge with responsibility to the legal basis for that.This article use comparative analysis, historical analysis and Economics Research, and the transfer of the repledge with responsibility to quality system conceptual approach to study abroad in different laws and jurisprudence. doctrine, the repledge with responsibility to the nature, based on analysis the repledge with responsibilities to the composition of the elements and effects, in certain repledge with responsibilities to the value and significance, but also on the introduction of a repledge with responsibility to the risks and feasibility, in my view, the market economic development and legal system was increasingly sound in the context, we should in future civil code and the repledge with responsibility to quality system left a place. And under the guidance of this goal, on how to set up the transfer of responsibility in our quality system put forward their own proposals。That is, in order to give full play to the system in the market economy, and establish a repledge with responsibility to the system to strictly observe civil autonomy in the spirit of the necessary strict compliance with property statutory humanitarian principles of the relevant issues by the parties free consultation agreement; the repledge with responsibility to the system of the scope of application for a clear distinction, because it is not on four the Sea is the truth, not the absolute need, otherwise it will damage the party's interests; in addition, the repledge with responsibility to the subject of rights shared repledge with responsibility to make detailed provisions, cannot be selective。...