On Unchaining Of The Forbidden Of Fluidity Contract In China

There has always been a voice in lifting the ban on liquidity,whether in academic circles or in legal practice.However,according to the concepts of fairness and justice and the protection of the lawful interests of the weak,my country still denies the effectiveness of liquidity contracts in the legislation of the Property Law and the Security Law.Because of the need to respect the authority and stability of the law,the judge therefore had to abide by this rule when judging cases,but this rule was met with a lot of doubts in the theoretical world.At the same time,many referees are also trying to limit the scope of application of the invalidity contract.Examining the relevant legislative practices of countries outside the region,most countries have gradually considered and reformed the prohibition and began to loosen restrictions on liquidity contracts.What is obvious is that denying the effect of liquidity contracts does have its rationality and desirability in a certain space and time.However,in the context of so rapid economic and social development,it would be a bit outdated if liquidity contracts are still prohibited.It is undeniable that the parties sign the liquidity contract is a manifestation of the autonomy of their will,and also reflects the effectiveness of the creditor's right,which plays an important role in promoting the development of the entire social economy.Based on this,it is necessary to lift the ban on liquidity in a timely manner according to the current situation of rapid social and economic development in my country,in order to respond to the society's demand for liquidity contracts.From the perspective of promoting the development of the market economy in China: lifting the ban on liquidity contracts is beneficial to reduce the transaction costs of market players,improve the efficiency of market transactions and the utilization rate of social capital,and thus make our country's social economy continue to achieve new achievements;if we focus on trial practice,The lifting of the ban on liquidity can solve the problems that have always existed in judicial practice.In fact,the call for lifting the ban on liquidity contracts has already become very popular.However,lifting the ban on liquidity does not necessarily mean taking an indulgent attitude towards the parties entering into the liquidity contract.In the final analysis,in the traditional legislation,the ban on liquidity has its social factors of existence and development.Inorder to fully exploit the value of the liquidity contract and overcome many of the problems caused by the performance of the liquidity contract itself,in order for the liquidity contract to produce the effect of publicity in the property law and protect the interests of third parties,it is necessary for the legislator to legislate Recognize the effectiveness of liquidity contracts while designing a more specific publicity system,and use the system to regulate the establishment and performance of liquidity contracts between parties.When liquidity contracts are lifted,a liquidation rule between parties must also be established.Great effect.In the social environment in which my country is about to formulate and promulgate a civil code,creating a liquid contract system suitable for my country's national conditions is conducive to improving my country's real right law and guarantee law system,which is also a great benefit for specific transactions of market entities.The article structure is divided into five parts in total: The first part is an overview of the liquidity contract.The first is to introduce the concept of liquidity contract and the components of the liquidity contract,so as to have a precise grasp of the liquidity contract,and the second is the historical origin of the liquidity contract and the legislation of the representative liquidation contract system of the civil law country or region The model was sorted out.Finally,after analyzing the legislative practices of countries outside the region,it was found that the reasons for the prohibition of liquidity contracts in the countries of the civil law system were mostly the same.The second part is a detailed introduction to the current status of liquidity contract law in my country.First of all,the previous laws and judicial interpretations of the liquidity contract in my country are longitudinally sorted out,then the current status of the application of the liquidity contract clauses in our country is summarized and summarized,and then the previous reflections on my country's strict ban on liquidity contracts are reflected.The third part is mainly based on the specific legal provisions of the liquidity contract system in China and the problems arising from the trial practice,and categorizes the various necessities of legislative approval of the liquidity contract,and then analyzes the current social and theoretical background of China.On the feasibility.The fourth part is to analyze the necessity and feasibility of establishing a liquidity contract system in ourcountry.First,we should recognize the effectiveness of the liquidity contract at the legislative level,and design a specific system to regulate the liquidity contract's entry into force and performance.It mainly provides some feasible suggestions for the legislative model of the liquidity contract,the publicity system,the setting of the parties' rights and obligations,and the regulatory issues after the liquidity contract is lifted.The final part of the article is the conclusion.