The Research On The Legal Structure And Application Of Trading-based Guarantee

Trading-based guarantee is a form of guarantee which accompanies with the development of private lending,and avoids the cumbersome and costly transaction cost in typical guarantee application.The stipulation about non-typical guaranty of the guarantee system is less,and the Trading-based guarantee is a new way in the nature of the lack of identity and consistency in the application of law.In order to settle the new problem,Provisions of the Supreme People's Court on Application of Laws to the Hearing of Private Lending Cases are hereby promulgated,effective on 1 September 2015.24 th.However,there are still many problems in the judicial practice of the nature and validity of Trading-based guarantee.This paper embarks from the dispute of Trading-based guarantee,combs the nature and validity of the contract of sale which holds security function.Then this paper would clarify the state of the right and obligation of the buyer and the seller,so that the loan contract and the contract of sale can be solved properly.On the basis of this,this paper tries to summarize the problems which may be encountered in the practice operation of the Trading-based guarantee.This paper is divided into four chapters.The first chapter introduces the source of the problem,showing the sale of security is widely used in China's private lending practice,the emergence of the certainty of security.Our courts deal with the Trading-based guarantee in the different sentences.This chapter mainly introduces the different viewpoints on the nature and the validity of the contract.This paper will also elaborate on the framework of the legal construction of Trading-based guaranteeThe second chapter mainly analyzes the reasons of the dispute in China.The reason is the starting point of the problem.The third chapter mainly analyzes the legal structure of Trading-based guarantee,from the academic and practical aspects of the existence of several interpretations of the path of each interpretation of the reflection.On the basis of this analysis,the way to guarantee the sale of the guarantee.The fourth chapter mainly arranges the problems that the court may encounter in dispute about Trading-based guarantee,in order to clarify the application of stipulation 24 th.