Legal Regulation Of The New Guarantee

As the market’s growing,and a variety of property rights has increasing,there has been a breakthrough in the practice of the "Property Law" and the "Security law" in the pledge of rights to limit the scope of the subject,some property rights have into the scope of the subject matter by way of security,namely the new guarantee,with the use of the this new guarantees widespread increasingly, it has improve the degree of social attention,but as its legal nature is unclear,the application of the law applicable has come out gradually. As its growing. in order to better the new secured in the financing,we need to strengthen the study of the new legal regulations guarantee under the premise of clarifying the relevant dispute.This paper have five parts to study the new guarantee issues:The first part describes the emerge of the secured portion of the new practice, including retail leasing rights guarantees, the right of the operate taxi guarantees, etc. described its development status,operating mode,and practice related to certain cases,and describes the attitude of theorists and practitioners of the new guarantee,including the ability to recognize the specific effect of the new security property, and to recognize the effectiveness of their property after the problem that how this guarantees apply the law.The second part is to address the problem from the perspective of social practice in the context of easing numerus,identified the need for a security interest in the effectiveness of the new part,and try to make use of the regulate of right guarantee to the new guarantees.The third part is a combination the aforementioned point of view, analyze this issue in perspective of civil, pointing out that the security is not on any particular set of rights belong to the pledge of rights, a right can pledge or not need to analyze this right have the basic characteristics of the object of pledge of rights,while analyze the importance of property publication in modern transaction security,analyze the method of property announcement in publicity and its reason.The fourth part is using these conclusions for a variety of those new guarantees, analyze the legal nature of the guarantee,describes its ability to comply with the basic requirements of their pledge of rights objects and explain the reasons,analyze the methods of determine compliance with the requirements of the publicity.The fifth part combine the above chapters, for better regulation of new guarantees,on the four aspects of legislation, the object scope, the registration authority and theoretical research to give some suggestions.