Research Onthe Legal Rules Of New Financing Guarantee

The continued development of the economy has led to an increase in the demand for financing demand in the market,and the increasing number of property rights that can be made,resulting in a new type of financing guarantee in practical business,the right to attribute the property rights and interests into the scope of the guarantee as a guarantee form,in a sense,it is beyond the "Property Law" and " Guarantee Law " in the scope of the right to qualify the right to qualify.And this new type of guarantee is more and more widely used in real business,and the social attention is increasing.However,its legal nature is not clear.The problem in the application of legal rules is becoming more and more obvious.Application caused the corresponding obstacles.To make this new type of financing guarantee a better credit financing role,it is an urgent problem to study the clarity of the application of legal rules.This paper analyzes the legal regulation of the new financing guarantee,which is divided into the following four parts:The first part focuses on the analysis of some new forms of financing guarantee in real business.It includes the guarantee of commercial lease right,the guarantee of bank financial products and the guarantee of life insurance.The operation status and operation mode are explained.From the current "Property Law" and "Guarantee Law" on the rights of the relevant provisions of the right to conduct a standardized analysis,the new financing guarantee rights can be included in the existing rights and interests of the system,and the new property rights,andthe characteristics of the pledge of the pledge.The second part discusses the entry into force of the new financing guarantee.Through the general provision of the right pledge,the contract of the pledge of the pledge and the analysis of the entry into force,it is concluded that the pledge of the right must be delivered or registered before it can take effect.Then,the different elements of the new financing guarantee were discussed separately,to determine the entry into force of the new financing guarantee is the delivery or registration.The third part is about the effectiveness of new financing guarantee.This paper mainly discusses the following aspects: first of all,the scope of the validity of the pledge of rights,the scope of the pledge of the pledge and the scope of the subject matter of the pledge;second,the analysis of the rights and obligations between the rights and interests of the subject,to determine how to protect the pledgee,the pledger,and the possible existence of the third party between the interests of the third;The but not least,the new financing guarantee in the scope of the effectiveness of the main rights and obligations to discuss the content of its legal regulation,respectively.The fourth part of how to improve the rights of the pledge system to carry out many ideas,first,should be necessary,the contract should be based on the creditor's rights into the rights pledge legal system.Second,the realization of the right pledge,and sometimes to apply the deposit system,but China's deposit system is not perfect,therefore,it is necessary to improve the deposit system.