Research On Equity Transfer Guarantee System

Equity transfer guarantee has won the favor of more and more market transaction subjects for its advantages in promoting economic exchanges,maintaining transaction safety and reducing guarantee risks,and has continuously promoted the construction of China's socialist market economy.In our country's judicial trial,most courts have recognized the legality of the share transfer guarantee,but there are also some courts who hold opposite views on it,because the existing laws in our country have not made corresponding regulations on this new type of guarantee system.However,what can be predicted is that as the number of disputes involving the transfer of equity and guarantee increases,the research and analysis on the transfer of equity and guarantee system are of great significance to reduce the occurrence of disputes.The nature of the equity assignment guarantee system is different from the traditional assignment guarantee.It is a new type of guarantee that takes the transfer of stock rights as its content and aims to guarantee the creditor's rights in the future.Since 2010,the number of equity transfer guarantee cases has increased dramatically in the short 10 years of practice.However,due to the lack of uniform legal provisions,equity transfer guarantee is easy to cause disputes in judicial trials.If not all courts will recognize the validity of equity transfer guarantee,what's more,the courts that recognize the validity also give different reasons,or the same court often has different judgments in similar cases.In this paper,the empirical analysis is the core,combined with the equity transfer and guarantee system in the relevant cases in China,concluded that the reasons for the frequent disputes in the application of the equity transfer and guarantee system in Chinese courts are the lack of legislation,the lack of uniform judicial standards and the lack of relevant supporting systems.Therefore,it is of great significance to learn from the excellent experience and lessons of foreign countries,make up for the deficiency of the system in China,and improve the timeliness and feasibility of the system.At the present stage,the loopholes and defects of equity transfer and guarantee system in China are solved by proposing specific system design from five aspects:legal norms,constitutive requirements,formula method,realization of equity guarantee right and judicial recognition standard.