| The transferring security is an atypical guarantee system. The development of market economy needs the finance and the usufruct of moveable property and it promotes the development of the transferring security. In the process of emergence and development of the transferring security, it was treated as "Seek means hypocrisy said", "Property's statutory violation", "Being Contract prohibit". But, the system was finally recognized by the case law. Nowadays, the transferring security system has been widely used in Germany, Japan and many other countries.The development of market economy in our country also has the urgent need in financing and usufruct of moveable property. As a system to meet the need, it becomes a discussion to be studied presently that whether the transferring security system would be established in the statute law or not and how to create the system in our country. In order to have an in-depth comprehensive discussion of the issue, firstly, the thesis analyzes the concept of transferring security, the difference between the transferring security and related guarantee system, the nature of the transferring security. The author considers that the transferring security is in essence a real right for security. Then, this thesis expounds the necessity and feasibility in establishing the transferring security system in our country. The author considers that commodity housing mortgage in real estate market is essentially the transferring security, in order to regulate the commodity house mortgage, meanwhile, satisfy the financing needs of market economy, the creation of the transferring security system is necessary and feasible. Finally, this thesis expounds the problems on how to construct the transferring security system in our country. This thesis claims that the transferring security system should be established in the form of civil special law, we should prevent creditor from obtaining sudden huge profits. This thesis expounds the specific ideas on how to create the system of the transferring security. |
