Our Country Stock Right Hyperthecate The Law Risk Problem Exploring Xi

As a kind of along with the development of modern company system and a new way of right impawn, along with the market economy and the improvement of financial markets, the development of circulation in equity, gradually developed subject to pledge of shares, increasingly, guaranty activities. At the same time, because of the contemporary law reflects the center for using the value orientation of modern economic society, and highlights the important role. The system is the guarantee system of a problem, it covers economics, law, including two basic law fields, concrete cover the law, the creditor’s rights law, company law, the securities law, etc, is a branch of the comprehensive development and extremely realistic subject. The current system of the relevant legal norms, because the market is still imperfect financial transactions and complicated characteristics, related laws in the system design is urgently to be solved, there are many defects in reality. By comparing the domestic and foreign relevant legal provisions and the basis of the theory of legal system, the above questions, too broad of laws and regulations, in practice there are differences of theoretical analysis of the problems, and the system to promote economic contacts from Angle of safety proposes Suggestions. Based on the study of legal system in meet the basic theoretical research and practical needs to age, two basic points on the first part of the explanation and analysis by system in the initial concept of legal norms and law theory of value orientation, on the basis of relevant legal theory is a definite theory. The second part of the system takes through the establishment with the effectiveness of the theoretical analysis and the relevant system design of the legal basis. The third part of the condition to realize the real operation and realization method identify equity do in real operation procedure on the pledge of value. The fourth part according to real need, namely after the crisis of risk aversion to age in China, and attempts to discuss the possible financial and credit risk. The fifth part of the related laws, and makes brief analysis from several different Angle to the system of perfect feasibility countermeasure and the suggestion.