商业银行贷款担保法律问题研究-经济法学专业论文.docxVIP

2 2 内容提要 第四，要建立和完善预防道德风险的机制，道德风险是近年来经济学界用以解 释金融风险形成的主要原因，笔者试图从法律与道德的角度分析道德风险对商 业银行贷款担保阻碍作用，并且提出了建立防范贷款担保道德风险的法律机制。 关键宇：债权 担保 法律保护 ABSTRACT ABSTRACT 1 Loan security of commercial。banks is the best way t。O catch money for enterprises，and it takes an important position in the national economy of each country．Since the implementation of open and reform poUcy,the active development of loan security propels the whole Chinese economy forward into a sustained growing stage．The article expounds the．eurrerR、development stams of loan security in China as well as the existing proNems from the view of law，and suggests some solutions to these existing pmbtems． The article is divided into three parts．The cOnl：ents of chapter l serves for chapter 2 and chapter 3 by providing theoreticanY reference and distinguishing concrete system． 。In the chapter 1，the article expounds the basic meaning and characters of loan and security,and their important role in the economic development．Throe【曲 reviewing the g【liding thinking and the sec，啪tymodes Ot tlle 3eCl／／lty Law,the article expounds the increasing important legal position ot loan secumy．The writer thinks“Security Law’’legally identifies various measures anQ scope or loan security． In the chapter 2，on the basis of combimng me development practice of loan security,the article analyzes the main problems existing along the developmem of loan security in China： vain security,LIILsatisfied seetmty,tault security,It also gives deep exposition to the Concrete manifestation of these problems and identifies there are much contradiction between the law theory and financial：practice． In the chapter 3，through analyzing the‘problems existing in loan security,the writer thinks what is necessary for China t0 develop loan security is to change and improve legal protection system for loan security and suggests some solutions to the existing problems：a)tO change and tmprove