The Validity Of The Alienation Guarantee Of China

With the development of commodity economy and credit relationship,the guarantee of goods has changed from only paying attention to the function of guarantee to development of the utility of goods at the same time.In some cases,compared with the statutory security interests,the advantages of the alienation guarantee system,such as its creativity and flexibility in financing,are respected by enterprises and individuals and have been applied more and more.However,due to the lack of a unified theoretical system foundation,the lack of a unified understanding in the theoretical circle,there are many disputes in the specific application process.The judicial judgment on alienation guarantee has experienced the evolution from negation,keeping to affirmation and support,and gradually formed the dominant logic of the determination of the effectiveness of a non-typical guarantee and the way of compensation,which highlights the practical rationality of judicature.However,it can be seen from the judicial judgment that the transfer guarantee has not been fully recognized,nor reached a unified standard of judgment,and there is still room for discussion.In order to solve these problems effectively,it is necessary to grasp them comprehensively through theoretical research and judicial practice.In this paper,comparative analysis,empirical analysis and value analysis are used to study the settlement of security disputes.This article first introduces the concept and characteristics of the guarantee,the comparative study on the characteristics of different countries and regions of guarantee,focus on analysis of typical cases under the judicial practice,understand the guarantee of judicial judge and the court's judge point of view,the final summary is discussed to guarantee the effectiveness of the system under the judicial practice in our country,reveal the defects of our country's settlement mechanism guarantee.The author believes that in the specific application process,the assignment guarantee should be regulated by comprehensive legislation.At the same time,the assignment guarantee belongs to a kind of security of property right,and should be publicized in some way,and the corresponding registration system should be established.Based on the principle of fairness,the assignment guarantee shall be subject to compulsory liquidation.The author puts forward the way to solve the dispute of assignment guarantee,in order to make sure that the dispute of assignment guarantee can be uniformly judged in the judicial practice of our country,and to avoid "different judgment of the same case".