Study On The Inevitable Trend Of The Fluidity Item In China

During modern China, there has been a great change among economic system, lending relationship, the lending relationship structure, social security system and so on. Since China has been during the society transition period, the market economic system is not mature, and moral abnormality is ubiquitous, so the debtors have advantages in the lending relationship. As one of the implementation of security interest, the Fluidity items are simple and have lower cost. It can cover the shortages of the current implementation models as it can guarantee the frequency of financing among dealing subjects on one hand, and can also reduce the cost of the implementation of security interest on the other hand. The Fluidity items and the current guarantee systems have something in common, so forbidding it may cause legislation conflicts. Admitting the Fluidity items can help implement the systematization of the related legal systems, and motivate the further development of the Assurance Law system. Admitting the efficacy of the Fluidity items has the profound historical and realistic background in China. It will promote the internationalization and localization quality of the security interest’s development, and fit the development of the market economy. The value of fairness, efficiency and freedom is unified. Taking these three basic values as standard, and admitting the efficiency of the Fluidity items is more coincident to citizens’ pursue for the value of freedom and fairness. However, the prohibition of the Fluidity items reflects the excessive interfere of public power to the private right. Based on this, in current social and economic environment, comparing with the prohibition of the Fluidity items, the legislation model of respecting the Fluidity items as valid has more system advantages. Aiming at the possible appearance of the damage to related interest bodies, we can make special adjustment by designing related system due to different situations. For the Invasive Fluidity items, we can choose liquidation modes in order to fit the parties’ request. This method can not only avoid the debtor’s interest being obviously treated unfairly, but also guarantee every creditor’s being compensated fairly by the proportion amount of claims, and maintain the benefit balance between related transaction subjects. If there are both guaranty and warranty including the Fluidity items in one creditor’s rights, we can set stipulations that require the debtors and creditors to establish the guaranteed claim’s amount of the Fluidity to ensure the benefit of the guarantor. In order to protect the guarantor’s benefit, the signed Fluidity items and related security interests are necessary to publicity. It is to say, carry out the pre-announeement registration system and related order rules to protect the interest of the guarantor and the creditor.