The Constitution Of Alienation Guarantee In Our Country

While the he application of alienation guarantee in our country has become increasingly widespread, scholars make the alienation guarantee has been debated For a long time.Being unable to form a unified conclusion make the phenomenon of a lot of similar cases, but the referee varying occurs.Only to solve the theoretical dilemma firstly can guide practice,and offer ideas for solving the problem in real life.The thesis firstly from the judicial precedents and economic practices make departure highlights the importance of theoretical studies to alienation guarantee,and then summarize,analyze,compare the advantages and disadvantages of various doctrines existing in academic fields currently.And try to draw a doctrine which is more suitable our country's current legal system.Through the selected doctrine to guide the research of the effectiveness of alienation guarantee and make a suggestion to the legislative regulation of alienation guarantee.This thesis is divided into three parts of introduction, body and conclusion.The introduction has elaborated the theme of the thesis,the main purpose of the research,the significance on theoretical,the practical value, the comprehensive elaborate of the research, the research methods and the innovation of the research.The thesis is divided into six parts:The first one part is to introduce the issues in judicial practice and the application of alienation guarantee in economic practice.Through the judicial cases and economic practice demonstrate the importance and urgency of alienation guarantee.Only research the theory deeply can guide practice and promote the rapid development of economy.The second part is to analysis the legal constitute of alienation guarantee.Elaborate the various doctrines about alienation guarantee in currently academic fields.List these doctrines and summarize the two controversial doctrines.The two doctrines are ownership constitute and security right constitute.The third part is to select the doctrine of the legal constitute of alienation guarantee.Firstly,criticize the security right constitute which scholars generally agree to,because it exist insurmountable defect.Secondly,Analysis the major criticism of ownership constitute and then refute them one by one.said and one by one, indicating the author's position and views of supporting the ownership constitute as the theoretical foundation of alienation guarantee.The fourth part is to through explaining the the private lending judicial interpretation shows that ownership structure is better than security right constitute.The fifth part is to analysis the effectiveness of alienation guarantee under the ownership constitute.Starting from the theory of ownership constitute analysis the effectiveness of alienation guarantee,including the internal effectiveness and the external effectiveness.The sixth part is to analysis the legislation Construction of alienation guarantee mainly.Firstly, Compare it to chattel mortgage and chose a appropriate mode to let them get along well. Secondly, list the mainstream theory about the legislation construction and then present the author's suggestion.The conclusion summarizes the issue,including concluding the point of the thesis.