近年来,融资担保问题愈来愈受到学术界的重视。从世界范围来看,融资担保法制已步入大变革时代。这种变革主要有以下特征:第一,担保法的结构和功能正在由静态担保向动态交易转型;第二,担保标的物的重心正在由不动产向动产(包括权利)偏移;第三,担保法的属性正在由物权(物权法定)向债权(私法自治)转轨。从东亚区域来看,融资担保法制正在快速与世界接轨。2007年,适应前述世界担保法制发展的潮流,中国《物权法》明确 In recent years, the issue of financing guarantee has drawn more and more attention from academia. From a global perspective, the financing guarantee legal system has entered a period of great change. This change has the following main features: First, the structure and function of the guarantee law is being transformed from a static guarantee to a dynamic transaction; second, the center of gravity of the guarantee is shifting from real property to movable property (including rights); and third, The property of law is being transferred from property (statutory right) to claims (private law autonomy). Judging from the East Asian region, the financing guarantee legal system is rapidly adapting to the world. In 2007, in keeping with the trend of the development of the world-guaranteed legal system as mentioned above, China’s “Property Law” is clear