Probe Into Several Questions On Hypothecation

System of right to mortgage is the important constitutive part of security system, which lies in an essential position in real rights for security. In the course of economic development of our country, hypothecation system, as a frequently adopted method of security in transactions, plays the very important roles in promoting transaction, safeguarding the realization of credit and performance of debt, strengthening subjects' credibility and preventing and decreasing unnecessary transactional risks. Since our country promulgated Law on Security in 1995, the theoretical circle hasn't stopped discussing about right to mortgage. Law on Security has specially stipulated mortgage, but due to the legislative loopholes and because the legal provisions are very in principle, a lot of questions need to be further probed into in theory and to be perfected in system. The author expounds such essential questions of hypothecation as, force of recourse on property of hypothecation, subrogation on property of hypothecation, public summons system of hypothecation of movable property, double hypothecation, period of mortgage the parties contract by themselves, preference of sum of constructive project and safeguard of hypothecation of related banks, and the author hopes that more and more valuable opinions can be followed and the studies will be beneficial for the legislative perfection of system of right to mortgage of our country.