Concerning The Construction Of Guarantee System In Our Country

Guarantee system because of its unique way of guarantee and guarantee function caused much controversy in our country. Problems exist two main aspects:one is the system guarantee to have the value of existence; Second, if there is value, how to regulate. To be specific,Guarantee system refers to the negative debt and debt guarantees for the individual human will should belong to the belongings of its individual transfer to creditors, but holds the state does not change a kind of system. The guarantee system of the subject matter is limited to personal property. System is a guarantee to overcome the traditional guarantee system of right to the use of the mark by material of defects and the rise of a new way of guarantee. On the one hand, he effectively to realize the combination of the property ownership and property rights, more conducive to the optimal allocation of social resources, to the extent of the obligee’s right to provide a powerful guarantee. On the other hand, the guarantee system meet the requirements of the market, have played an important role in promoting social and economic development. Although there is no specific provision in the legislation for guarantee system in our country, but we see it in the civil and commercial activities in China, its also has a great fit and expectation rights theory. A lot of on the basis of the legal guarantee of civil action in real life, involves the guarantee system of judicial precedent in recent years, with the development of the market economy is everywhere. Because of this, the author thinks, should be recognized in the law and practice guarantee system。In this paper for building the appropriateness, necessity and feasibility of guarantee system in China mainly from two aspects carries on the analysis on the theory and practice; Pointed out our country guarantee system can be placed in the civil law system and the related department, carries on the system of rules, without special uniform legislation, and draw up the related law, the construction of guarantee system in our country provides a good advice.This article mainly from the three aspects of guarantee system. The first aspect elaborated the concept of guarantee and the necessity and feasibility of constructing guarantee in our country. This part by mainland academic understanding of guarantee, points out that the guarantee is based on credit mark the overall transfer of the right characteristics. Guarantee legislation in our country is not clear, but already exists in our country social economy activity based on the legal guarantee of practice, if the law does not make the rules, will cause the law and practice, to maintain economic order and legal order, therefore, it is necessary for our country to guarantee clear legislation; From the system and guarantee "liquid contract", the doctrine of numerous of comparison. It is concluded that to guarantee system is not in violation of the basic civil law theory in our country, and according to the successful experience of the foreign guarantee system,demonstrate the feasibility of constructing the guarantee system in our country, second aspect is from the perspective of comparative law, analyzes the guarantee and the reference for the construction of China’s guarantee system, mainly from the set of guarantee and effectiveness, of the public, constitute the law, rules and regulations pattern were analyzed, and put forward our country building could be taken to guarantee system of regulation pattern, will guarantee in the civil law system within the rules and regulations, to give full play to the social utility of the guarantee system; The third aspect is mainly discussed how to build in the legislation in the guarantee degree of our country. This part of Germany and Japan, and other countries and regions of regulation guarantee situation to compare, analysis, based on the law of guarantee system of the specific provisions of the state and the relevant specification list, points out that our country can be in the general civil law and the civil real right and creditor’s rights guarantee for explicitly stipulated in the knitting. And draw up the related law, has the good.