On The Design Of The Common Mortgage Rules

General mortgage is a special kind of mortgage which is important in the promotion of finance and full employment of property and the protection of credits. Countries in Roman Law Family, such as France, Germany and Italy, have general mortgage in their Civil Code. In our system of law, there are some regulations about that only in the Article 34 Section 2 of the Guarantee Law, Article 180 of the Property Law, and Article 75 of the Interpretations of the Supreme People's Court about Guarantee Law. However, those regulations are not comprehensive enough. And in the detailed rules, it is not considered enough in the respect of the balance of the benefit. In the Chinese academic circles, there is not very much study about the system of the general mortgage. This article concentrates on the regulations of the system of the general mortgage, and analyses the system of the general mortgage all-sidedly and meticulously in the theory with the emphasis on the issue of effectiveness, which is the implement of general mortgage and the relief of mortgagee and creditor. At last, this article offers some recommendations to perfect the legislation of system of the general mortgage.