安全视角下的股权质押问题研究

安全是股权质押制度的基本价值取向。股权质押的目的在于保障债权的实现,维护交易的安全。为了规制股权质押的道德风险、市场风险和法律风险,现行法构建了基本的风险防范机制,但还不完善,仍存在风险分配不合理、风险防范机制缺乏周延性等弊端,亟待改进。建议按照安全优先,兼顾效率和公平的要求,完善我国股权质押的风险防范机制。

A Study on the Issues of Equity Mortgage from a Safe Perspective

Security is the fundamental orientation of the equity mortgage system which aims at safeguarding the fulfillment of the creditor's rights and the safety of transaction. In order to evade the moral,marketing and legal risks,the current system has established an essential risk prevention mechanism but it's still far from perfect,so it still needs to get further improvement because of the existence of deficiencies like irrational risk distribution,lack of extension in risk prevention,etc. Therefore,it is advisable to further improve China's risk-preventing mechanism of equity mortgage system in accordance with the requirement of giving priority to security and also taking efficiency and impartiality into consideration.