Research On Our Country's Fluidity Contract System

In recent years,many countries and regions gradually have a moderate attitude towards fluidity contract,in order to safe guarantor's interests,reduce transaction cost and fully embody the spirit of autonomy of will.In addition,many academics are doubtful about forbidding fluidity contract,which indicates that perfecting Chinese fluidity contract has become an irresistible reform trend.With the development of market economy,commercial affairs is increasingly active;meanwhile,at the background of increasing improvement of basic legal theory,it has not met the need of reality in modern social life that guaranty law and property law in China have still stipulated a series of strict provisions to forbid fluidity contract,which is also unable to meet objective needs of the development of market economy.Therefore,it has been a very impending and realistic problem to appropriately revise the provision about forbidding fluidity contract so as to perfect fluidity contract.In order to improve and perfect Chinese fluidity contract system,this article analyses and studies the legislative model of Chinese fluidity contract and its basis,by making a research about the legislation and regulations of Chinese fluidity contract,and the relative cases.For drawing lessons from extraterritorial useful legislative experience,the article makes a comparative analysis about other countries legislative models of fluidity contract,so as to perfect Chinese fluidity contract.In our country,the problem about perfecting fluidity contract system has been provided with corresponding basis of theory and reality.With respect to this problem,it supposed to be that,with the premise of keeping the theoretical basis unchanged and the social needs of economic development,the law-makers,orienting to the relative problems about forbidding fluidity contract,should make the legislative model of fluidity contract clear,set up a series of necessary mechanism:the advance notice registration system,the right of redemption about guaranteed object,the assessment about guaranteed object,and the restitution of balance system.A set of complete conducted and established fluidity contract,which promotes the development of Chinese guaranty law system,strengthens the juridical practice of fluidity contract,and realizes the fluidity contract system value,and ultimately achieve the positive effect of the best use.