| The system of alienation guarantee is a assure means which is used most exuberantly in guarantee practice of Germany and Japan, at present with the further development of market economy, it also constantly emerged out some new forms of alienation guarantee in our country, and plays a more and more important role in economic transactions. However, our country are not formally introducing the system of alienation guarantee in the theory and legislation, which makes the practic forms of system of alienation guarantee lacked the exist foundation of theory and legal. Therefore, it is necessary for our country to introduce the system of alienation guarantee. But how to solve these theoretical and practic problems of alienation guarantee is a arduous task for us, and try to solve these problems is the purpose of this article.Using some summarized, comparison and analysis methods in the paper, and according to investigate the domestic and foreign research achievements and analysis their legal constitute, we can establish the foundation of alienation guarantee's theory and practice, and puts forward to the specific legislative design. what' s more, the author also deeply analyzes the related issues in the article. This paper is divided into preface, text, endnote three parts.In the preface part of the paper,the author review the main research results at home and abroad,and emphasisly expound the institutional defects of alienation guarantee,then, draw a conclusion that our country should introduce the system of alienation.The text of the paper is divided into five parts. It focus on briefly expounding the system of alienation guarantee in the first part of the paper's text. Firstly, comparatively analysis the domestic and foreign theoretical concept of alienation guarantee and point out their reasonable and unreasonable places,then the author puts forward to his own view and analyzes the legal characteristics of alienation guarantee.Secondly, detailedly compared the distinction of the system of alienation guarantee with its similar concepts, in order to clearly understand the system of alienation guarantee.It focus on analysising alienation guarantee's legal constitute and confirmming its internal and external forcein the second part of the paper's text. Firstly,it mainly discusses and analyzes The Ownership Constitute,Security Right Constitute and The Eclecticism. Secondly,according to comparatively analysis these theories,we can ascertain the alienation guarantee's legal constitute and clearly understand its intensiveproperty,and provide some theoretical support for the legislation of alienation guarantee.The third part mainly introduces alienation guarantee in China's development present situation and its major controversy. Firstly, expounding the development states of alienation guarantee in China,and it is urgent to establish the system. Secondly, comprehensivly compare domestic and foreign main theoretical disputes of alienation guarantee and clear the disputed points,then try to solve the dispute.The fourth part focuses on expounding the reality and the theory foundation of alienation guarantee. Firstly, it analyzes the adequacy, necessity and possibility of alienation guarantee. Secondly, learning advanced theory experience of foreign relevant alienation guarantee,and combining with domestic Security law theory system,in order to stablish the basis of alienation guarantee.The fifth part puts forward to the specific design of the alienation guarantee's legislation. Basing on the research of alienation guarantee's theory and practice,and combining with domestic security law,in order to design the articles of Alienation guarantee law and truly establish the the system of alienation guarantee.The main contents of the paper's endnote part that summary these above problems and make clear the significance of establishing the system of alienation guarantee in our country. |
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