论我国所有人抵押制度

On the System of Owner Mortgage in China

所有人抵押制度在我国担保法中未有明确表述,虽然有关司法解释有触及,但很不完善。为了论证建立独立的所有人抵押制度的必要性,作者首先介绍了国外一些国家的相关立法趋势,然后从理论和我国实际情况两方面进行了论述。最后作者对所有人抵押制度的具体构建提出了自己的见解。

The system of owner mortgage can抰 find its expression in our nation抯 Guarantee Law. Though the judicial interpretation has touched on this system, it抯 far from perfect. In order to demonstrates the necessity of establishing an independent system of owner mortgage, the author firstly introduces the tendency of some other countries’related legislation. Then this topic is discussed from both theoretical and practical aspects. By so doing, the author provides his own advice on how to establish the system of owner mortgage in the end of this article.