作为担保物权实现的一种方式,流质约款利弊并存。我国禁止流质约款的规定是缺乏充分说服力的。理想的制度规范应该是赋予流质约款法律拘束力,并对其适用设置限制规则。这样的规范既有利于实现当事人意思自治,又可兼顾担保义务人、其他债权人、担保权人的利益均衡。 As a way to guarantee the realization of real rights, liquidated money pros and cons coexist. The prohibition of the liquidity treaty in our country is not sufficiently convincing. The ideal institutional norms should be given legal constraints on liquidity contract, and its application of the restrictions set by the rules. Such norms are conducive to the realization of the party autonomy, but also take into account the balance of interests of the security obligations, other creditors, security rights.