On Perfection Of Legal System Of The Real Rights For Security

It is widely acknowledged that the real right for security is one of the most important rules in the real right. The real right for security has a close related to capital, it is a symbol of the market economy whether have consummated. So, it is significant of constructing and consummating the real right for security. On 16th March 2007, we had past the real law, this is indicated that we have moved a big step in the road of making civil law. But, following the development of economy, the real right for security has changed its content either; our rule how to follow it is a very important problem. Through the research, we consider there are also problems in this law. In the kinds, I think our law has too little kinds for righter to choose, In the law system, we still didn't consummate. So, we need to absorb the advanced experience of other countries, change the attitude to the real right for security, established a more consummated law, in order to improve our economy.First of all, through researched the original and the history of the real right for security, and studied the other contries' law, summarized four trends. One trend is from pure maintain ability to the ability of merge fund; then, from only minding the security to also minding the using of the matter; the third trend is the kind is diversified; the fourth is from depending on the matter' s credits to the men'credits. Those trends provide us practice and theory on consummating the real right for security.Then, the paper has analyzed the law of our land in the real right for security. For example, the Civil Law, the Guarantee Law and the administration of explain and so on. I realize we also have something to do with the real right law. Firstly, our have too small kinds of the real right for security, still didn't bring other useful kinds; second, we have a low strengthen law in procedure of the implementing, it can't guarantee the righter's interest. Lastly, the publication of the right isn't consummated enough, it can't elaborate the law effectively.Finally, this paper has improved some ideas of consummating this law. Firstly, we should enlarge the kind of the real right for security. It can provide the righter more selects which is more benefit for him. The law's purpose is to give a safe and guaranteed circumstances for people. Secondly, in order to carry out the law's action successfully, we need to consummate the procedure of the implementing. Thirdly, in order to guaranteed the other person's interest, we should consummate the publicly law.