Study Of The Transferring Security's Realizing System

In civil law countries,legislators have introduced the transferring security system in their statutes.The transferring security system has the cost of saving the transaction costs of the parties and the social costs of the operation of the judiciary.Although these countries and regions have obvious differences in the legal structure,scope of application and the rights and obligations of the transferring security system,the legislators of our country can not passively wait for other countries to fully demonstrate the transferring security system and then from these countries Introduce the system.An in-depth study of the transferring security system and its internal system will help our country to internalize and innovate the transferring security system to serve the economic development of our country.In addition to the introduction,this paper is divided into six parts:The first part mainly deals with the theory of the transferring security system,and focuses on the validity of the transferring security.And clarify the relationship between the legal structure of the granting of the transferring security system and the system of transferring security.The second part is mainly about the realization of the transferring security system to realize the main content of the entity and the realization of procedural content.When the parties do not agree to realize the method of transferring security,the parties have the right to choose the method and the specific path.However,the party is not permissible at the discretion of the security holder,which must be in accordance with the corresponding rules.The third part is mainly about the realization of the typical security interests of the system content.By analyzing the shortcomings of the existing security rights enforcement system,it shows the efficiency and efficiency of the system of guarantee and the social function of the transferring security system.The fourth part mainly focuses on the liquidation system.By analyzing whetherthe liquidation system conforms to the fair value and the benefit value,it is concluded that the liquidation system can not only satisfy the desire of the civil subject to fairness,but also keep the efficiency of the transferring security system.The introduction of the liquidation system can be a good balance between fairness and efficiency,is to allow the realization of the system of security preferred.And even if there is a special agreement between the parties,can not rule out the application of the liquidation system.And clear the liquidation time in the liquidation system.The fifth part mainly deals with the contents of the "guarantee" system in Article24 of the <judicial interpretation of private lending>.By analyzing the existing provisions,found that the "guarantee" system is not a real guarantee system.Since the maker calls the system transferring security system in the formulation of the document,the author refers to the expected realization of the "guarantee" system and compares it with the realization system of transferring security.The sixth part is the summary of the text.