The Improvement Of Chinese Security Interest System

Since the guarantee of the property has been included in the realm of property rights,the controversy surrounding the nature of the security interest has never been suspended.But the above argument does not really solve the inherent logic of the existence of security interest.At the same time,in the practice of security interest,many difficulties are urgently needed to be solved.On the one hand,civil entities begin to try to create their own security rights;on the other hand,various emerging rights and legal rights begin to guarantee The impact of the property rights system has damaged the integrity and effectiveness of the guarantee system.The limitation of the deconstruction of security interest by discussing the theory of traditional property rights lies in the design of the rights structure from the perspective of "people" and neglects the core value of the guarantee system.On the basis of the theory of material burden,the rights of the "object" are investigated at the center of the object,and the security right is regarded as an indirect right of the party to the object,which makes the guarantee of the object more flexible.At the same time,the material burden theory can better play the role of the guarantee of the material,meet the increasingly complex needs of the civil subject in China,and more importantly,coordinate the security of the security and the guarantee of the person and the various priority of the legal entity.Combine and build a unified guarantee system.Based on the relevant experience outside the domain,this paper proposes the direction of material burden theory to guide the improvement of China's future guarantee system:the material security and legal priority are included in the same theoretical framework and consolidate and enrich the existing security interest categories.To rationalize the order of effectiveness and the publicity system between the burdens of various things;to create a more convenient way to realize the security interest;finally to demonstrate the feasibility of constructing the property rights of China's Civil Code under the guidance of the theory of material burden.