Modification on Rules of Personal Security in Draft of Civil Code

Specific rules on dependent personal security (cited as security) in Parts of Civil Code (Draft) and Book Contract of Civil Code(2nd Daft) still need further improvement and the position of security in this draft needs adjustment. Now it is in Chapter 13 in the second book (contract) in Parts of Civil Code (Draft), and the same chapter in Book Contract of Civil Code(2nd Daft), which is unfit, because this treatment ignores its function and character. This problem can be divided into two sections, namely the first section the general provisions and the section liability of security provider. The "general rules" are an embodiment of abstractions. However, as far as security is concerned, there is a lack of extracted objects in this Draft. Therefore, the structure of rules on specific rules on guarantees should be changed. Security has economic function in common with independent personal security. On this basis, they should be integrated and stipulated in the same chapter. There are some rules in the draft that security and real security are duplicated. They should be confined or adjusted in order to avoid the waste of limited legislative resources. Security can be divided into civil and commercial security. How to deal with them in legislation needs careful evaluation. From the point view of comparative laws, there is no fixed rule. This draft should clarify its value orientation and formulate rules.