论物权法对担保制度的完善

1995年颁布的<担保法>存在很多问题,给司法实践带来了很大的麻烦:2000年颁布的<司法解释>虽尽可能地对担保法的不足和错误规定进行了弥补和纠正.但仍有许多规定不合时宜,急需完善.2007年3月颁布的<物权法>之担保物权编在继受了担保法及其司法解释成功经验的基础上,修改了担保法及其司法解释的不足,使我国的担保物权法律制度变得更加完善.

Improvement of Security System through Law of Property

There were many problems in the Guaranty Law promulgated in 1995,which had caused a lot of trouble in the judicial practice.It is known to us that the judicial interpretation issued in 2000,to some extents,was really a remedy and redress for the inadequacy and incorrectness of Guaranty Law;but in fact,even with the judicial interpretation,there were still many outdated provisions in Guaranty Law which was in need of urgent improvements.On the basis of the revised Guaranty Law and its judicial interpretation...