Research On Legislation Of China's Concession Legal System

In order to avoid the cumbersome procedures and high expenses that must be fulfilled in the realization of typical security interests,a new form of guarantee appears in the judicial practice of private lending,that is,when the parties sign a private loan contract,they also sign a house sale contract or an equity transfer contract to guarantee The realization of creditor's rights,that is to say,when the debtor cannot repay the principal and interest of the loan as stipulated in the private loan contract,it should fulfill the corresponding contract and transfer the property right to the borrower.This atypical guarantee method is called “grant guarantee” in some judgments of the Supreme Court and related works of judges,but civil law scholars have a great controversy about this atypical guarantee method.Some scholars call it “ The guarantee is “after the guarantee”,and some is called the “buy-and-sell guarantee”.In the trial practice,the nature and treatment of this atypical guarantee is also varied,and the Supreme People's Court has even made Conflicting judgments.The Supreme Court tried to pass the Article 24 of the Supreme People's Court's Provisions on Several Issues Concerning the Application of Laws in Private Lending Cases,and pointed out the direction for such judicial judgments.However,the single provision of this article is not clear and has been criticized.Can play the role of unified referee rules.If we simply deny the effectiveness of this new type of atypical guarantee,it will not only encourage the dishonest behavior of not fulfilling the contractual obligations,but also may lead to more serious other guarantee methods.More rules and principles in the legal system may be affected.To the challenge,it is more difficult for enterprises and individuals to obtain funds to alleviate the dilemma or to miss the trading opportunities in vain.Social development will be more restricted.Therefore,it is necessary to respond to the needs of trading practice and further improve our country based on current laws and regulations.And the legal system of guarantees.This paper is divided into four parts.The first chapter is about the status quo and the lack of regulation of China's concession disputes.It discusses the chaotic status of judicial decisions in China's concession disputes and the lack of legislation on the current guarantee system.The second chapter is To improve the necessity and feasibility of China's guarantee and guarantee system,it is said that the guarantee system has its unique institutional advantages and is compatible with China's current legal system;the third chapter is the experience and enlightenment of the overseas grant guarantee system.Investigate the operation of the guarantee system in the relevant countries,and explore the interaction mechanism between the guarantee system and the transaction practice.The fourth chapter is to improve the proposal of the guarantee system in China,mainly based on the analysis of the previous parts.With the problems existing in the guarantee system,put forward practical and feasible suggestions for system improvement.