担保制度的成因及其发展趋势--兼论我国担保立法的健全与完善

担保制度的产生是经济和法律互动的结果.强化债的信用、便于资金融通、发挥物的效用,是担保制度得以产生、发展的直接动因.随着社会经济的发展,担保制度的立法价值日趋多元化、担保的方式和类型日益多样化.为适应担保制度发展的客观需要,我国的担保制度无论在立法体例还是制度设计上,都需要进一步健全和完善.

The Cause Formation and the Tendency of Development of Security Legal System--With a Discussion of the Development and Perfection of our Country's Security Legislation

The emergency of security legal system is the outcome of the interaction between economy and law. Strengthening the credit of liabilities, facilitating the circulation of capital and making the best of the material efficiency are direct motives based on which the security legal system can emerge and develop. With the demands of the development of social economy, the legislative values of security legal system diversify gradually, and the modes and types of security vary increasing. To meet the objective demands of the development of security legal system, our country 's security legislation needs further improvement and perfection not only in legislative pattern but also in institutional design.