On The Feasibility Of Establishing The Guarantee System In China

This paper introduces and studies the feasibility of setting up the system of the transfer guarantee in our country.The full text is divided into three parts: introduction, text and conclusion.The introduction is about the reasons and ideas of writing this paper, that is, the current law does not provide the guarantee system, but in August 2015, the Supreme People’s Court issued a judicial interpretation of private lending has a similar transfer guarantee provisions. Through the deep understanding of this article, the paper has raised the thinking of the establishment of the transfer guarantee system.The main text includes four chapters. The first chapter introduces the different definitions of the system of the transfer of the system, and on this basis, the paper gives the definition of the concept of the transfer of security and proposed the legal characteristics of the transfer. Then, from the perspective of comparative law, the historical evolution of the system of the transfer of security in different countries of the civil law system, development, abandonment, development, establishment, maturation and the history of the establishment of judicial channels are studied. Then, the legal nature of the transfer of security(legal constitution), from the two kinds of theories in several branches of the theory to select the characteristics of the assignment of the theory, the guarantee of the security of the property rights.The second chapter is about the feasibility of the implementation of the current security law system in China. In this chapter, we first compare the legal system of security in China and Japan, and find that the security system of the two countries is highly consistent, and the security law system with the characteristics of its characteristics is not adopted in our country. In order to prove that the security law system in our country can be matched with the typical security right, then it is compared with three kinds of traditional security interest. In particular, in view of the existence of the "real estate collateral and the transfer of real estate collateral without the need to carry out the provisions" and other perspectives, in addition to the comparison of the security and the general mortgage, the comparison of the special section of the pledge and lien will be the difference between the two. After the completion of the comparison, the paper points out that the transfer guarantee can correct the defects of the current mortgage system and make up the defects. However, the view that the use of the mandatory provisions of the traditional property law system to consider the transfer of security, because it is a violation of the mandatory provisions of the law can not be set up, which leads to the next chapter of the legal barriers to the transfer of security and find out countermeasures.The third chapter discusses the legal obstacles to the establishment of the system of the transfer of security. According to the academic circles that transferring guarantee in violation of current mandatory provisions of the law and invalid point of view, starting from the analysis of the legal effect of, on the academic point of view held by the argument basis were analyzed. First of transferring guarantee is a violation of property law ban the mandatory provisions of the liquid are discussed, and the transferring guarantee against the point of view of the property law in the Numerus Clausus Principle are discussed. The guarantee does not violate the mandatory legal provisions on the legal and feasible conclusion. To solve the problem of the integration of the security of the security into the legal body and its legitimacy, the next chapter discusses the feasibility of the operation of the transfer guarantee.In the fourth chapter, the paper discusses the attempt to establish the system of the transfer of the system of judicial activities in order to prove the feasibility of the establishment of the system of the transfer guarantee. First, the paper quotes a case of the Supreme People’s court to observe the effect of judicial precedent and the method to solve the aforementioned legal obstacles. After that, the paper introduces the process design and the establishment of the legal system of the security system in the area of the local court, and demonstrates the feasibility of the establishment of the system of the transfer guarantee in our country.The conclusion of this paper is summarized and summarized in this paper, and the conclusion of the feasibility of transferring guarantee in our country is concluded.