我国物权法对担保物权规定之得失

Pros and Cons on the Prescriptions of Real Rights by Way of Security in Real Rights Law

《中华人民共和国物权法》颁行之后,各界对此解读非常之多,相对而言对担保物权赞誉最多,担保物权编中在抵押合同的设定与抵押权的设定关系问题、新型担保方式等方面吸收了先进的立法例,巩固了实践中有关担保的科学的方式方法,规范了《中华人民共和国担保法》及司法解释的相关规定中的不足之处,为司法实践中解决担保问题提供了良好的法律基础,但在部分制度设置上如登记制度仍选择了回避,实属遗憾。

After the Real Rights Law of the People＇s Republic of China was put into effect, people from all walks of life gave many interpretations to it. Relatively speaking, real rights by way of security received the most praise. Real rights by the way of security absorbs the advanced legislative precedent, reinforces the scientific mode and means of guaranty in practice and regulates the defects of interpretations in Guaranty Law and other relevant laws. Real rights by way of security provide a sound legal base to solve guaranty problems in judicial practice. However, it is regretful to see some systems such as registration system are not dealt with.