关于改进和完善有关担保制度的思考

随着我国社会主义市场经济的不断发展,担保制度中有关规定已不能完全适应经济社会的快速发展,需要进一步改进和完善。(1)为切实维护债权人的合法权益,降低交易成本,贷款人对其贷款形成的资产应当自然拥有法定优先受偿权,而不需要办理抵押登记手续;(2)鉴于抵押物价值的不确定性,应采用形式登记方式,适当简化登记手续;(3)根据我国国情,应适当扩大国家机关的担保范围,允许其在一定范围和条件下为银行贷款提供担保。

Study on the Amendment and Perfection to the Guaranty Law

The Guaranty Law, part of which cannot follow the quick development of economic society completely, should be amended and perfected in order to adapt to the rapid development of the socialist market economy. Firstly, the assets that are formed based on a loan should be mortgaged directly to the creditor and the mortgage contract and registration are not needed so as to ensure the creditor's rights and lower the costs for the dealing. Secondly, a formal registration system should be adopted due to the uncertainty and fluctuation of the mortgaged property value, and the registration procedure should be simplified more or less. Finally, in view of the situation in our country, some of the state departments should be qualified to act as a surety for the bank loans under certain conditions and within certain areas.