Legal Issues Of New Atypical Guarantee Analysis

As a way of maintaining social credit and guaranteeing the realization of creditor's rights,guarantee is widely used in financing business;Rapid Social economy development requires market players to improve effectiveness and reduce costs.the traditional typical guarantee can not meet the requirements,there has been a breakthrough of the traditional typical guarantee in the field of secured financing;The existing security right system excludes these guarantee modes,resulted in the irreconcilable situation of the new atypical guarantee,but also resulted in the dilemma in the practice of judicial applicability.By analyzing the typical cases,this article leads to the legal problems of the legal nature,publicity and realization of the new atypical guarantee in practice;this article clarified the basic theory of the new atypical guarantee,and explored the legal nature in depth;At the same time,combined with the actual operation mode,this paper analyzes the problems existing in the publicity and realization of the new atypical guarantee and puts forward some suggestions.The main article is divided into five parts.The first part is a brief description of the case.By introducing typical cases,the legal problems existing in the practice of the new atypical guarantee are analyzed.The second part is the basic theory of atypical guarantee.Distinguish between the typical guarantee and the atypical guarantee,The difference between the new atypical guarantee and the traditional atypical guarantee;The new type of atypical guarantee is divided into two categories: the object of right and the object of not right.The third part studies the legal nature of atypical guarantee.It mainly discusses the rationality of the new guarantee listed in this paper as a kind of atypical guarantee,analyzes the defects of the statutory property right and the necessity and possibility of legal easing of the property right in the development of the new atypical guarantee;The fourth part is the publicity of the atypical guarantee.Analyzing the manifestations and problems of the publicity methods of the new atypical guaranty in practice,and putting forward suggestions for revising the existing publicity system reform in our country;The fifth part is the realization of new atypical guarantee.This paper discusses the relationship between the atypical guarantee and the prohibition of liquidation,and suggests that the Prohibition of Liquidation(Probation)should be appropriately removed,laying the foundation for the establishment of the new atypical guarantee system.