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要改革过分偏重不动产担保的制度设计,就需要完善动产担保法律制度。我国的担保主要在《担保法》的框架下进行,但《担保法》框架主要是以不动产担保为主,那么不动产担保有什么问题呢? 一是加剧了担保资源的稀缺程度,使融资环境尤其是贷款环境更趋紧张;二是企业融资对不动产担保的高度依赖,刺激了房地产价格持续快速升高;三是金融过分依赖房地产,房地产成为银行的主要间接资产,加大了银行的风险;四是城乡之间、地区之间由于房地产价格的差距加大,融资能力差距加大,不利于中
In order to reform the system design that emphasizes too much on real estate guarantee, we need to improve the legal system of movable property guarantee. The guarantee in our country is mainly under the framework of “Guarantee Law”, but the framework of “Guarantee Law” is mainly based on real property guarantee. So what is the problem of real property guarantee? First, it aggravates the scarcity of guarantee resources and makes the financing environment especially The loan environment is more tense; second, corporate finance highly dependent on real estate guarantees, stimulating a sustained rapid rise in real estate prices; Third, excessive financial dependence on real estate, real estate has become the bank’s major indirect assets, increasing the risk of banks; Fourth Is between urban and rural areas, due to the gap between the real estate prices increased, the gap between financing capacity increases, is not conducive to