On The Protection Of The Rights And Interests Of The Mortgage Mortgage

Maximum mortgage system is a new type of mortgage system as the development ofmarket economy and produce, which has a common mortgage system do not have specialadvantages, but also has its own drawbacks, such as not conducive to the economic valueof the collateral, affect the flow of funds and economic relations of domination and so on.System design maximum mortgage mostly tend to protect the interests of the mortgagee,and the above-mentioned drawbacks mostly reflect the interests of people sufferingcollateral damage. Although our legal system to the maximum mortgage continuousimprovement, but the maximum mortgage on how to eliminate the drawbacks of thesystem is still very lacking, pledged to protect the interests of a handful of people evenmore. Therefore, this paper analyzes the current situation of the maximum mortgagelegislation on the protection of the interests of the mortgagor, pointed out the existinglegislative imperfections and improve the system and the system constructed from twolevels of the maximum mortgage discusses how to protect human rights, that is, foralready some proposed legislation to protect the interests of the mortgagor and theproposed improvement; For deletion of the maximum mortgage system equitable system,learn from the advanced experience of foreign legislation, especially the " Japanese CivilCode " on the institutional advantages of maximum mortgage conduct systemconstruction. Through discussion paper in order to sort out and complement the protectionof the interests of the mortgagor maximum mortgage system, and thus improve themaximum mortgage system.This paper is divided into three chapters: the first chapter discusses the legislativestatus quo simply the maximum mortgage equity protection; second chapter analyzes theexisting legislation on the maximum mortgage interest in the protection of human flaws,and this on the basis of suggestions to improve; the third chapter refer to the " JapaneseCivil Code " on the elimination of the drawbacks of the maximum mortgage systemrequirement that the maximum amount determined system, reducing the amount of claimssystem, eliminating the request right system, the maximum amount of our mortgage system to supplement and build.