On The United States Uniform Commercial Code 路 1999 Issue Of Making Changes On Secured Transactions -- On The Perfection Of China's Guarantee The Rule Of Law

The author advised that we should draw on the experience of U.S.A. to improve Chinese security law after having studied the rules of evolution of American security law, the new development of the revised security transaction of Uniform Commercial Code(U.C.C.), and the main defects of Chinese security law and their causes.First, the thesis briefly introduced the history, structure, main comments, and characters of American security system before the year 1999 when the security transaction of U.C.C. was revised.Second, the latest changes in U.S.A. in the following security systems have been discovered by prepared study of the former and revised version of security transaction of U.C.C. in this paper: the scope of the security transaction of U.C.C., perfection and filing of security interests, and default and enforcement of security agreements.Third, the writer dissected the defects of the neglect to the efficiency and benefit, financial function, and the commercial nature of security in Chinese security law, and then analyzed both the historical cultural causes and the contemporary backgrounds of legislative and commercial practice.Last, by comparing American security law with Chinese, the author found that we could get inspiration from American experience that was accumulated in the security legal history to develop the security law of ourselves. The inspiration is constituted of two factors. One is the macroscopic legislative thought, which include the organic combination of the realistic legislative needs and the ideal theatrical pursuit, the rationality of the economic analysis of law, and the relationship of legal transplantation and its assimilation. The other is microscopic designation of security legal system, which consisted of the nature and scope of security.