Credit Research, And Transaction Security Issues

Property modern society in a state of change from time to time, the transaction is the most major changes in property rights normal way. Property rights of a state fully at a static state of society, no change in property rights, and this community apart from the original return does not exist. In modern society, property rights have been changes in people's real life is the essential humanity has been unable to leave the property rights movements. The human value of any of the things or phenomena need security, property rights movements do the same. Since inseparable from the human form of property rights transaction changes, then it can not be separated from changes in property rights transaction security. As a result, changes in how property right transactions to protect the security of our modern society will become the law must face the problem. However, in a planned economy and commodity economy under the system of combining the development of China's"General Principles of Civil Law": a party to the contract the rights and obligations of all or part of the transfer to a third person, should get the consent of the other contracts, and may not be profit-making. The contract is excessively restrict the transfer of rights, is clearly outdated. Although the"Contract Law"have a special chapter to be provided. However, its only contract claims, and provides too simple, not conducive to the actual operation. On China's current civil legislation, so that the creditors and the more general provisions, in principle, and the market economy system, the circulation claims of the growing demands have been incompatible.This paper from five parts, which is the first part of introduction, mainly consists of three elements: the proposed study and synthesis and study of the content of this article. The second part is to improve the safety of transactions, transactions on the definition of security, safety and value of transactions affecting the security of transactions factors of the system, which is part of this theory. The third part is too heavy and claims for the transaction security issues, the paper mainly from three areas were discussed, and claims to process transactions involved in the security area, which is the focus of this paper, and on this basis, Of theoretical and institutional difficulties were analyzed, and claims to the process of the parties and the interest demands. The fourth part of the legislative and Xueli Shang Comparative Study of the solution, this is also the focus of this paper, mainly to Germany, France and Japan and the composition of China's civil law was analyzed and compared. China is the fifth part of the solution path, mainly from China's claims to the system and the development of China's claims to identify with the principles, and claims to the validity of the contract, to protect the interests of the debtor and the debtor to the debt increase the cost of various perspectives.