Research On The Lssue Of Making And Guarantee In Our Country's Legislation

Assignation guarantee system is an atypical guarantee system gradually developed by countries(regions)following the trust behavior in Roman law and Germanic law,which can make up for the deficiency of traditional guarantee methods and has its unique social function.In modern sense,assignment guarantee is not directly stipulated by legislation,it is a kind of guarantee system developed by theories and precedents.Its concealment,violation of the principle of real right and prohibition of liquid contract have been widely malpractices.The author thinks that with the emergence of the new type of guarantee,the transfer guarantee system should be legislated to respond to the urgent need of judicial practice.This paper first clarifies the concept of assignment guarantee and then analyzes a series of issues such as the nature and effectiveness of assignment guarantee.Finally,the author puts forward his own views on the arrangement and construction of the legislative style of assignment guarantee.This paper is divided into five parts.The first chapter is an overview of the guarantee,let and guarantee of the concept,historical evolution,introduces the development in the countries(regions),the research background and research significance,academic circles to guarantee the controversy,is mainly to guarantee legislation under the contention of negation and affirmation,is to lay a good foundation for the following discussion.The second chapter is the definition of the concept and basic characteristics of the assignment guarantee in different countries.The third chapter discusses the necessity of establishing it.From the current economic development trend and people's current way of trading to explain the transfer guarantee into legislation,from the transfer guarantee itself unique value and its advantages to demonstrate the role of transfer guarantee in the legislative system.The fourth chapter focuses on the feasibility of incorporating the transfer guarantee system into the legislation.From its own legitimacy and its incorporation into the legislation does not conflict with the whole legal system,and there is a unique sense of existence and value.The fifth chapter is the legislative conception of the assignment guarantee system.This paper discusses the assignment guarantee from five aspects:establishment procedure,application object,establishment method,effectiveness and realization of right.The legislative conception of the assignment guarantee system arrangement is put forward.The above is the context of this article,hoping to transfer theguarantee system can play a little role in the improvement.