The Research Of Credit Guaranty In The Application Of Property Preservation

As a form of guaranty in the property preservation,credit guaranty was applied barely in the juridical practice of China.The credit guaranty which offered by the third party who has good credit is accepted by the court gradually,since the appearance of some new forms of credit guaranty and their superiority.However,being short of theoretical research,cude of our legislation and lack of standardization in judicial application makes the application of credit guaranty encounter varieties of dilemmas.When facing with these dilemmas,we need to construct the procedure of guaranty in the property preservation by comply with the principle of proportionality and the principle of honesty and credibility.The body of this paper has more than 30,000 words and it is divided into five parts:Part one :The overview and source of credit guaranty in property preservation system.Firstly,to introduce the definition and the type division of guaranty in property preservation system.Then,to explore and analyze the definition and type division of credit guaranty in property preservation system.Lastly,to analyze the nature and the purpose of credit guaranty in property preservation system and to trace the source of credit guaranty in property preservation system in the history of domestic and overseas.Part two :The application of credit guaranty in property preservation system at present.Comparing with the traditional forms of guaranty in property preservation,the credit guaranty has its superiority which it is not only lowcost,high efficiency and convenience,but also in favor of the function of property preservation system and solving the difficulty of enforcement.However,when applying credit guaranty to property preservation,we will encounter dilemmas in four aspects:the conflict between legislative definition and judicial application,the conflict between function value and the abuse of process,the conflict between the autonomy of will and the review of risk,the conflict between the right of option and the right of dissention in procedure.Part three:The perspective of comparative law in credit guaranty in property preservation.To introduce the application of guaranty,the form of guaranty and the application of credit guaranty in legislation and judiciary between civil law system and common law system.With the comparison of legislation in these countries and areas,we can conclude some lessons for our country's legislation and judiciary.Part four:The examination of value in credit guaranty in property preservation.Being faced with varieties of dilemmas in the application of credit guaranty in property preservation,we need to examine the value from the principle of proportionality and the principle of honesty and credibility to make a choice of value which meet with the spirit of civil procedure law.Part five:The construction of procedure of credit guaranty in property preservation.To analyze the legislative and judicial problems of credit guaranty in property preservation from five aspects which are the definition,the subject,the application,the examination and the relief so that the dilemmas can be solved.