Study On Legal Issues Of New Types Of Rights Securities

With the rapid development of social economy and the acceleration of business practice innovation,the commercial guarantee dispute presents new features.The typical guarantee dispute can judge the guarantee property of the dispute directly according to the law,however,the development and innovation of commercial transaction makes the guarantee object break through the clear list of legal provisions.In practice,the two sides of the economy have adopted some property to establishment guarantees outside the scope of the scope of the object of guarantee,and such guarantees are difficult to accurately determine their legal nature because the object property has not been specifically stipulated by law.Therefore,such guarantees are vividly described as a new type guarantee.The object of the new guarantee can be roughly divided into two categories of property and rights,and the scope of this article is limited to the new type of rights guarantee.On the one hand,the emergence of the new type of rights guarantee conforms to the needs of the market;on the other hand,it also sets legal requirements for the resolution of disputes.The settlement of new rights guarantee disputes has two key problems in judicial practice.First,whether the new right guarantee has the effect of real right,and secondly,whether the legal nature of new right guarantee is mortgage or pledge under the premise of the validity of real right,judgments on these two issues,both theoretical and judicial practice have different views.Therefore,it is undoubtedly of great significance to clarify the legal nature of the new type of rights guarantee accurately and forcefully to clarify the legal system of our security and provide legal guidance for commercial activities.The new type of rights guarantee can not be simply characterized as the effectiveness of the contract or the right of property,and needs to be analyzed in detail with the relevant legal system.This article judges whether the new type of rights guarantee belongs to the security of real rights and what kind of property security starts from the following two aspects:First,the object characteristics of rights guarantee and publicity methods.Before analyzing the property types of the new types of rights guarantees,we must first analyze the common features of the rights guarantee,including the characteristics of the objects and the mode of publicity.The new type of rights guarantee needs further discussion only on the basis of general conditions such as the object conditions and publicity methods required by the rights guarantee.Second,the standard of right mortgage and right pledge.The distinction between right mortgage and pledge is generally attributed to the system of mortgage and pledge separately.Researching countries outside guarantees the classification of the legal system about the mortgage and pledge,combining the specific situation of the guarantee law in our country and summarizing our guarantee legislation about the division of mortgage and pledge standards is to apply to clear the distinction between the two.After establishing the general condition of rights guarantee and the criterion of distinguishing the pledge and mortgage,according to the new type of rights guarantee in the research object,the author analyzes whether the practice mode of operation accords with right mortgage or pledge of right,if it does not meet the condition of establishment of right guarantee,and puts forward some suggestions to perfect it so that it can reach the requirement of establishment of right guarantee.Finally,the author makes some suggestions on how to perfect the legal system for similar guarantees in the future:first,adjusting the legislative system;second,expanding the guarantee;third,improving the registration system.This thesis mainly discusses from the following five parts.The first part introduces the status quo and related disputes of new rights guarantee in practice.The second part expounds the object characteristics and publicity methods of rights guarantee,and clarifies the common requirements of rights guarantee.The third part discusses the distinction between mortgage and pledge.By combing the standard of division of mortgage and pledge in foreign legislation and the specific provisions of mortgage and pledge in our country's legislation,the author points out the standard of distinction between mortgage and pledge in our country's guarantee law and clarifies the distinction between different security rights.The fourth part analyzes the specific legal application of the new type of rights guarantee,and one by one judges whether all kinds of new-type right guarantee accord with the property right guarantee condition and what kind of property right.The fifth part puts forward the perfect suggestions to the related legal system.