Research On The Difficult Issues In Adjudication Of Sale And Purchase Guarantee Cases

The economy is the catalyst of the law.The trading-based guarantee is a kind of legal system which is formed spontaneously in practice with the improvement of the economic level.In order to achieve the purpose of financing,the two sides of the private loan signed a contract of sale on the basis of the loan contract as a guarantee for the loan.China has implemented the twenty-fourth rule of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in Civil Loan Cases(hereinafter referred to as "private lending regulations"),it regulates such issues.However,there is no unified theory about the nature,the determination of the case and the validity of the case,which has brought great trouble to the court's judgment.Based on this,this paper collated and analyzed the difficulties in judgment such as the difficulty of identifying the trading-based guarantee,the non unity of the validity and disunity of referees in the way of realization in the process of judicial trial,and summarized it,and finally put forward specific proposals.This article is divided into four parts:The first part mainly introduces the basic theory of the trading-based guarantee,including the definition,characteristics and nature of the guarantee.The second part is the analysis of the current situation of judicial practice.Starting from the overall case in practice,55 real cases are analyzed,and the the general law of the court hearing the trading-based guarantee cases is concluded.The third part is the specific analysis of the difficult problems in the trial of the trading-based guarantee cases.The fourth part is the suggestion to deal with the difficulties of the judgment in the case of the trading-based guarantee in China.First,some of the suggestions of the difficulty in judicial confirmation of the trading-based guarantee were made.The other part is the suggestion of the existing problems in the legal effect of the trading-based guarantee.And the last part is the suggestion of how to realize the trading-based guarantee.