"property Law" Security Interest In The "security Law" Breakthrough

Making it a focus of the public attention, the newly-promulgated law of real right has amended a lot our original system of the real right for security based upon our guarantee law enacted in 1995 with comprehensive stipulations in respect of mortgage, pledge and lien according to the emergence of some new problems and conditions and the advanced experience of foreign legislations.This article, whose main thread lies in the amendment made by the law of real right of the guarantee law and its judicial interpretation and whose opening point lies in the application of conflict rules existing in the law of real right and the guarantee law, has made a thorough analysis of the several real rights for security in the law of real right in the perspective of the combination of theory and practice in order to understand more comprehensively the differences between the rules of the law of real right and the guarantee law and to pursue the significance of this system set by the law of real right.The article includes seven parts:The introduction discusses the purpose, the realistic significance and the method of my research.Chapter I states the basic theory and historical evolution of the real rights for security and analyzes especially that economic development and credit security are the leading force in the process of its development.Chapter II sorts out all-round the differences between related rules of the law of real right and the guarantee law and has a brief comment on the relevant provisions from a practical angle.ChapterIII puts emphasis on the detailed analysis, in light of the amendments made by the law of real right, of the issues that has realistic significance in practice and is controversial in theoretical field.chapterIV poses applicable principles of the conflict rules of the law of real right and the guarantee law.Chapter V summarizes the encouraging influence exerted by the law of real right on the system of real rights for security and points out its still-existing deficiency. The conclusion indicates the result of my research and the part which needs to be improved.