| The article which is based on China’s margin trading credit guarantee account system is introduced for practical background, and tightly around the core idea of the margin guarantee mechanism in the theory, law and practice field. The essay carries on the analysis in practice for the legal attribute. It is focused on the theory of creditor’s rights guarantee mechanism.Besides, it goes deep into the basic theoretical analysis of trust structural problems from the law of creditor protection mechanism.Finally, it appears that the creditor protection mechanism falls into puzzles in mixing the law, the practice and the basic theory. To defuse the dilemma is our purpose. This article is mainly composed of the following three parts:Firstly, the article introduces the legal attribute of credit guarantee system in margin trading. The article elaborates and analyzes in detail the system in two popular arguments. One is Transferring Guarantee Theory, the other is Pledge Theory. Both of them have defects in practice of margin trading which is described here.Then, the second part emphasizes the composition of the guarantee system in China. To choose the China’s present law as a starting point, the article points out the purpose in current structure of creditor guarantee mechanism.At the end, the author comes up with ideas to solve the present puzzles. The suggestions stress the solution in practice. The author would like to do a favor in building our creditor guarantee mechanism. |
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