Research On The Validity Of The New Type Of Guarantee Law

With the continuous development of the economy and the Internet plus and other new areas or new technologies,the constantly improvement of the people's living standards,the needs become more exuberant and the business demands become more diverse,thus creating more kinds of new types of guarantee methods.Because these new types of guarantee own more characteristics of the times,they bring to the theory and practice a lot of trouble.From the theoretical level,their forms and legal relationships are difficult to explain by the traditional concept of a typical guarantee.There are many new types of guarantee,which should be classified in the guarantee interests to deal with,and which should be treated as general contracts,they all involved how to determine the specific legal relationship in the open guarantee rights legislation.Based on the above problems,this paper intends to use normative research method,comparative analysis method,deductive induction method and other methods,analyze as the following aspects.First,this paper will proceed from the concept of the new type of guarantee,through the analysis the commercial lease rights and taxi management rights and take them as the subject of the guarantee,to explore the nature and function of the new guarantee type.By introducing the attitudes of the parties,the courts and the financial institutions to the new types of guarantees,and the typical cases,we should make a more comprehensive summary of them,as to pave the way for the later argument.Second,analyzes the characteristics of the guarantee rights objectively.Through the comparative analysis of the mortgage right and the pledge of the right,the author introduces the dispute of the collateral and pledge of the new type of guarantee.Third,we classify the new types of guarantees with the source of rights as the standard,and analyze the right of the source as the new type of guarantee of public power.At the same time,take the commercial lease rights and taxi management rights as example,the paper puts forward the idea of the operation mode of the new type of guarantee and explore the legal effect of the new type guarantee.Fourth,under the premise of correctly understanding to the increasing status of the security interests in our country,we will make suggestions on perfecting the legal regulation to the new types of guarantees in combination with the existing legal provisions and the above-mentioned conception.