Research On The Legal Application Of Equity Transfer Guarantee System

The guarantee of equity transfer is an example of institutional innovation based on the existing legal mechanism.The essence of this system is to protect the party autonomy to the greatest extent on the basis of legal property rights,and the core is to determine the purpose of equity transfer from many aspects.As a relatively novel way of guarantee service,the transfer guarantee of equity also radiates a vigorous social vitality in the actual application of commercial and financial practice.Because it can meet the needs of market participants to improve guarantee flexibility and save transaction costs,it has become a fast and efficient financing method.However,efficiency and safety are always a pair of contradictory relations.With the emergence of a large number of transaction methods such as equity transfer guarantee,security problems are increasing in the process of economic operation,and contradictions and disputes are becoming more and more prominent.So far,the equity transfer guarantee has not been included in the typical guarantee.The lag of legislation and the diversity and complexity of the actual situation increase the difficulty of court judgment.Judges often apply the law according to their own understanding of the case,which makes it difficult to form a unified trial concept for the same kind of cases,resulting in many problems.Therefore,based on the analysis of typical cases of equity transfer guarantee,this paper summarizes the main dispute points of disputes in practice by combing the judicial documents in force in public databases such as China judicial documents network.On the basis of summarizing practical disputes and representative academic views,combined with the provisions of the civil code act and relevant judicial interpretations,Analyze and discuss the judgment logic of equity transfer guarantee disputes and the actual situation of system operation one by one,sort out the analysis ideas and judgment rules of different cases,and analyze the analysis path of the application of equity transfer guarantee law from the perspective of methodology,so as to improve the effect of equity transfer of transfer guarantee system.