The Construction Of The Alienation Guarantee System In China

The system of alienation guarantee origins from the trust system of Roman law and Germanic law. hi the process of social-economic development in most countries it is recognized in different ways the system. Guarantee system, depending on the degree and type of the applicable provisions of the law, can be classified as typical and atypical guarantee guarantee. Typical guarantee is legally secured clearly defined way of security. Atypical guarantee is not yet clear which way the law to be the type of guarantee. In our judicial practice, and guarantee system so that the attitude is different. Supreme People’s Court August 6,2015 release of "s Court on Several Issues of private lending case applicable law," Article 24 gives the new judicial interpretation of the provisions, this new judicial interpretation confirmed the parties the two sides of the same amount in respect of the sale and the legal relationship established private lending contracts. Supreme also referred to confuse the situation with the sale of private lending contract, which is the form of the contract of sale is determined as a guarantee of the loan contract. However, we can not simply be summed up as such phenomena confuse the two contracts, in practice the difficult situation and we need to make this security system to give a more profound interpretation and design. This article from the three parts to discuss and make the guarantee system. The first part is to make an overview of the security system, so that the second part of constructing legitimacy and guarantee system, and the third part is to make our country and guarantee system design. The main direction of the article is to analyze by make and necessity and feasibility studies as well as the guarantee system in our judicial practice cases, in order to demonstrate how to build structures and make our security system. This paper uses the following three methods:First, comparative analysis, make a comparative analysis by the guarantee and related concepts, it elaborated between guaranty features and benefits. Second, the empirical analysis, select judicial practice real case, and the case of the administration of justice are analyzed in order to explain the judicial practice and make clear the urgency of a security nature. Third, economic analysis, legal system as a superstructure, construction of the legal system must have a certain economic basis for the premise, so that research and guarantee system must first study the real needs of the current market economic development.