Exception Of Transaction Security Protection

In the continuous development of society, people in the frequent trading, so resulting disputes are also increasing, which let us the vision attention to the transaction security in the economic and social problems. Transaction security, it is every law students are very familiar with the terminology, theory is almost all of the civil law and commercial law are handy, and lawmakers lawmakers also tend to the transaction security safety in primary value, but few people consider the civil and commercial law in the transaction security in the end is what, "to protect the safety of transactions," the argument is really to be established, the Department of law in legislation blindly emphasizes transaction security is really effective?To solve the problem, I to the transaction security exceptions of discussion on the rationality, its theoretical significance lies in the fact that, in open field of vision for the protection of transaction security exceptions from the value to the idea the systematically theoretical research, to the legislation of private law by legislation in some suggestions; its practical significance lies in, through the analysis of transaction security protection law article disputed proposed about thinking in civil trial, the family trial thinking and commercial trial thinking, provides reference scheme for judicial specialization.The full text altogether divides into five parts, the first part: first of all, through the directive cases that the Supreme People's court leads to the related concepts about the transaction security, describes in depth about the transaction security theory, and divided into "transaction" and "safety" analysis, transaction security and related concepts are generalized by the relevant description of the static security and dynamic security.The second part: briefly discusses the transaction security protection exception value analysis, separately carries on the system from the following aspects: maintaining an identity of interests, strengthen commercial interests and achieve fairness and justice. Analysis, intuitive introduced transaction security exceptions to the value, better realize its social function.The third part: from protecting the safety of trade disputes related to law as a starting point, first on the controversial law were connotation of detailed elaboration, and a brief analysis of dispute law, in order to explain the legislation the transaction security safety in the first place is the deficiencies in the.The fouth part: through the description of the controversial law to detailed description of overprotection of the drawbacks of the transaction security, protect the safety of transactions is in order to better promote the transaction, but too much to protect the safety of transactions is not only conducive to the promotion of market, but also do harm to the interests of the rights of indigenous people, contrary to the principles of fair trade, undermines the authority of the judiciary, and therefore can not be excessive to the transaction security protected and thus conception to the transaction security exception lay the foundation.The fifth part: this part separately from the legislative and judicial aspects of the protection of transaction security exception to the idea of private law, different have different value pursuit, so in terms of legislation, different departments should lay particular emphasis on private law, civil law should sacrifice "transaction security" to a certain extent, family law should maintain "identity of interests" the main business, law should maintain the interests of the main business, and through the different legislative purpose appropriate amendments to the relevant law at the same time in the dispute; the trial, should use different trial trial of different disputes, so we should use the civil trial, family trial, the trial of different commercial trial the dispute, respectively from the trial characteristics, trial thinking and application of law and other aspects of conception, in order to achieve the objective of fairness and justice.