Escrow Legal System Research

The escrow literally explanation is "to pay","save as".Escrow, the best known isthe function of extincting debt. Escrow is widely confirmed as a law system in manycountries.Escrow system originated in ancient Rome, and flowed into our country thefirst time in the1950s,but only practiced for a short time,after1981formallyestablished as a statute law in our country.Escrow system rescue the debtor from failsto fulfill the debt troubles, is advantageous to maintaining the legitimate rights andinterests of the parties, is beneficial to accelerating capital circulation. and improvethe overall social economic benefits. In our country, escrow is divided into two maincategories: that is the purpose of paying off, and for the purpose of guaranteeingdebt.Escrow legal system in our country started late, and it have defects in the aspectof legislative.With the social economy development of our country, the form ofescrow is constantly changing, the loopholes and loose of escrow legal system is alsogradually showing up. For example,that the general public not understanding escrow,influence the development of the escrow;Escrow agency is not reasonable;Escrowscope is too narrow,and so on. These problems restrict the development of escrowsystem in China. The social relations freeing from the rule of law,what is not allowed.And the rules of the legal system must be proactive.This thesis consists of four parts,more than thirty thousand words.The first part is the overview and history of escrow legal system.This part ofescrow legal system concept has carried on the thorough analysis. first of all, thispaper expounds the escrow, the concept of legal system and its characteristics, so thatwe can analyze the escrow properly.Reveal the value function of escrow and connotative meaning, it is an important part of social and economic life. the way forelimination of creditor’s rights and debts.Secondly, this paper expounds the historicaldevelopment of escrow system, and full to reveal the concept and characteristics ofescrow.Finally, a simple introduction in escrow laws system, help to discusses theescrow system what is necessary to construct and perfect.The second part is analysis of escrow legal system in China.This part firstlyshows special legal status of escrow agency in our country. National notarization isour country’s statutory authority of escrow, so the escrow notarization is the onlyescrow mode in our country.This part also details the escrow legal use, including theconditions and legal procedures of the escrow. So that the below analyzes the escrowlegal loopholes.Finally, from the effectiveness of liquidation escrow and guaranteeescrow two aspects, the legal effect of escrow is simply discussed.The third part is the exploration of the problems existing in the new legalfield.This part simply introduces the third party payment, including the concept ofthird-party payment and third-party payment enterprises. Compare the third-partypayment with escrow in detail, in order to highlight the superiority of escrow, so thatthe escrow preferably step in third-party payment.The fourth part is the sustainable development of escrow legal system.First of all,I analyze in-depth on the current situation of escrow legal system. secondly, explorethe problems existing in the legal system of our country. in the end, I providessuggestions and countermeasures to the sustainable development of the escrow legalsystem in China. I’m looking forward to helping to perfect system in China, so thatescrow legal system preferably serve social,economic development and people’s life.