| In the era of rapid economic globalization,with the dual pursuit of interest and efficiency by trading entities,the improvement of the legal system is closely related to the operation of the market economy,which can directly affect the speed and quality of economic development in a country or region.The rapid development of economic transactions has constantly given rise to emerging financing methods and financing media.In this economic context,afterward transferring guarantee plays an active social role with its unique institutional features,and it occupies an increasing proportion in today’s financing instruments.However,although the afterward transferring guarantee have the advantages then traditional guarantee systems,It has already been widely applied in China’s economic transaction practice,but the status of the afterward transferring guarantee system has been stopped at the theoretical stage.With the emergence of the afterward transferring guarantee in judicial practice in recent years,judicial trials lack of proper legal basis,the results of similar case trials are uneven,lack of judicial credibility.The case involved in this article is mainly about the judicial determination of the nature of the house sale contract signed by both parties.It is based on the surface form of the sales contract,or it should be categorized afterward transferring guarantee contract.In order to make a clear definition of this disagreement,this article chooses to analyze the true intention of both sides of the contract as an entry point,and defines the nature of the contract in the case of a specific and explicit definition--afterward transferring guarantee contract,and then through academic analysis afterward transferring guarantee’s positioning.From the results of the two trials in this case,we will analyze specifically the problems exposed in the handling of similar cases in China’s judicial trials,put forward opinions and corresponding countermeasures on the auction methods and the risks of flow mortgage in the judicial practice.This article combines actual cases and not only proposes the advantages of the afterward transferring guarantee system,but also indicates the existing problems.Because the afterward transferring guarantee system is based on the legal basis of the transferring guarantee system,the author also analyzes the legal composition and the legal structure of the transferring guarantee system.Expecting to give a theoretically guide in judicial practice,test theory in practice,promote each other,let afterward transferring guarantee play an important role in the development of market economy in China. |
