Study On The Legal Issues Of Guarantee Business Conduct

Capital is the rapid economic development of the catalyst,there is no capital economy are lifeless economies.Capital gain must rely on high efficient financial financing channels to guarantee.So,private lending came into being,with loan guarantees as follows.The existing property rights guarantee system of China's property law has three kinds of mortgage,pledge and lien,but the economic environment is constantly changing,the merchant's mind was also creative,they hope to set up a real rights for security for financing,which can breakthrough the limitation of the existing system of realizing the maximization of interests,so they create out of the business contract guarantee borrowing contract guarantee way,namely,guarantee business.However,the civil dispute arises when the debtor is unable to pay due debts and is unwilling to perform the contract.For the settlement of this new dispute,the supreme people's court has repeatedly changed its views and scholars have expressed their views.This paper also tries to express its own opinion from The status quo of the guaranteed sales problem?The issue of guaranteed sales?A review of the nature of the guaranteed sale of the doctrine?Suggestions on improving the judicial countermeasure of guarantee trade.In terms of the current judicial practice,people's courts at all levels have different opinions on the handling of the guarantee trading dispute,and even within the supreme people's court,there are different attitudes.Or recognize the validity of the contract of sale or purchase,or recognize the nature of the guarantee and give thecreditor the right of priority."Private loan judicial interpretation" provides for the early hearing of the relationship between private lending and creditors,which can be paid for the auction of the subject matter of the contract.But these ideas are still inadequate,simply acknowledge the effectiveness of the sales contract against the real intention of the parties,giving priority to creditor right to the right of compensation without legal basis for registration of property rights,The regulations of the judicial interpretation of private lending also avoid the problem,causing the actual problems to be solved.In the judicial practice,the settlement of the guaranty sale disputes is the primary task to determine the nature of the contract of sale,and to explore the meaning of the parties through the contents of the contract.When the purpose of the subject matter is to be transferred,the nature of the contract is bought and sold.The nature of the contract is guaranteed when the parties intend to have the effect of the debt guarantee.When intention between the parties as the guarantee,though after its appearance and guarantee,guarantee legal action,generation of liquidation,etc are very similar,but essentially does not belong to any one of them.The guaranteed sale is a new type of legal behavior created by the civil subject in business transactions,and its nature should be determined through the test of theory and practice.At present,the problem of the judicial organs is to clarify the rights and obligations of the parties,and to achieve the social effect of the dispute.The settlement of the guaranteed trade dispute depends on the joint efforts of the judiciary and the legislature.On the judicial level,it pays attention to the fact examination,respects the autonomy of the parties' meaning,and directs the guaranty method for the subject matter to the real estate.On the legislative level,it recognizes the effectiveness of movables and guarantees in customary law.