The Practice Of Repeat Mortgage And Its Reconstruction In Our Country

In nowadays, social economic develops rapidly,but only improving efficiency can make the economy more prosperous. Law wishes to balance the value of the security and efficiency, in order to achieve an optimal situation. However,it’s always tilted to the value of the security in the past period of time. As time goes on, repeat mortgage came into being, which is the product of the law tilted to the value of efficiency. Repeat mortgage as an important means of modern economical financing, its role gradually become apparent day by day and recognized by people. However, due to the imperfections of the related legal system, repeat mortgage ever became fraud of some people,thus increasing demands of ban repeat mortgage in practice. This paper is going to improve the related problems of repeat mortgage and try to build repeat mortgage system, wishing people to review the significance of repeat mortgage and impel it to play the function of financing and promote steady&rapid economic development.This paper has five main parts. The first part is analyzing the concept and nature of repeat mortgage. It briefly introduces three theories of repeat mortgage concept, then discriminates repeat mortgage, remortgage and excess mortgage, giving repeat mortgage a comprehensive and accurate understanding. In addition, it also analyzes the nature of repeat mortgage and explores when to completely recognize repeat mortgage, contribute to provide basis to the unreasonable and unscientific conclusion of ban repeat mortgage.In second, third parts, they mainly state the practice of repeat mortgage in our country by legislation practice and judicial practice. By analyzing relevant law, repeat mortgage in our country experienced a process from conditional confirmed, controversial to nowadays no expressly stipulated. Through the case analysis and explanation, it declares repeat mortgage disputes are caused by imperfect of registration, not by system itself. This system is not bad, there is no need to ban.Following above, the fourth part criticizes the bans to repeat mortgage. It comprehensively states the bans to repeat mortgage and security problems, emphasizes voluntary choice of party is the embodiment of the autonomy of private law. It also analyzes the problem of repeat mortgage is due to the imperfect of existing rules and running programs. The most important thing is to establish a perfect registration system, blindly against repeat mortgage can’t solve the problem.The last part, it gives suggestions on building repeat mortgage system in our country, mainly includes how to improve the registration publicity system, the supplement of related content for mortgage priority system and the perfect advice to repeat mortgage sanction rules.