中俄抵押立法的比较与思考

《俄罗斯联邦民法典》与中国《担保法》、《民法典草案》中关于抵押的立法,在抵押性质和抵押种类上存在差异,同时在抵押登记和抵押客体方面的立法理念和立法技术上两国也有明显不同。这些差别促使我们去思考,结论是:一部成熟的现代民法典的特质应该是现实性与前瞻性、承继性与移植性、工具理性与价值理性的完美结合。

Compare and Consideration on Mortgage Legislation between Russia and China

After comparing the legislation of mortgage among Russian civil code,Chinese Guarantee Law and the draft of Chinese civil code,this article explains in detail that the differences of mortgage nature and types of mortgage between Russian and Chinese law.Moreover,the contents borrowed from each other are examined as well.Obvious differences in mortgage registration and objects are also found in thought of legislation.These differences urge us to further think them over.Hence,a conclusion is drawn that the trait of a mature and modern civil code should be perfect combination of the following features: modernity and foresight,inheritance and transplantation,tools rationality and value rationality.