A Study Of The Security Of Assignment Of Right

In accordance with the security law of China,security is a kind of legal system to guarantee the realization of creditor's rights.According to different standards,security can be classified into different categories.Typical security refers to hypothec,right of pledge and right of lien stipulated by code of civil law,and the real right of security set by which through subject matter is limited.Different from typical security,untypical security is cultivated by special law and theory of legal precedent outside the system of code of civil law,in which the security of assignment of right guarantees the right of obligation by transferring ownership or other rights of subject matter to holder of security claims,who governs the whole rights of subject matter.Generally speaking,the security of assignment of right includes transferring security and after-transferring security.With the development of the economy and society,the security of assignment of right comes back to our life,the number of cases about which is increasing.However,the current statute law of China does not have any specific provisions on the security of assignment of right.Because of different understandings of current law,the people's courts hold different opinions when hearing cases about the security of assignment of right.Since there exist a large number of cases about the security of assignment of right,with the empirical analysis method this paper finds the recognized norm by people's courts of the security of assignment of right.This paper combines the theory and practice,by which it can become of great practical significance.