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编者按:我国于1995年施行的《担保法》规定了保证、抵押、质押、留置和定金5种担保方式,《担保法》施行后的10余年,也是我国市场经济飞速发展的时期,市场交易的活跃,催生了担保方式的多样化。但是局限于传统理论框架的限制,2007年施行的《物权法》仍然延续了《担保法》规定的担保物权类型,对于市场活动中出现的新型担保方式并未给予立法上的回应,给司法审判中如何处理新型担保方式带来不少的困扰和挑战。为此,本
Editor’s note: The “Guarantee Law” that China implemented in 1995 stipulated five kinds of guarantee ways of guarantee, mortgage, pledge, lien and deposit, and more than 10 years after the implementation of the Guarantee Law were also the period of rapid development of the market economy in our country. The market transactions The active, has spawned the diversification of guarantee ways. However, the limitation is limited to the traditional theoretical framework. The Property Law, which was implemented in 2007, continues the type of security interests stipulated in the Guarantee Law. It does not give any legislative response to the new guarantee methods that appear in the market activities, How to deal with the new guarantee in the way brought a lot of problems and challenges. For this, this