让与担保是大陆法系德日等国家经由判例、学说逐渐发展起来的一种非典型的担保制度。我国在立法上采用何种立法模式,有不同的观点,但是可以明确的一点是,我国应该选择的立法模式应该是既能保持大陆法系传统物权法严谨的体系,又具有一定的灵活性和可操作性,本文分析了几种不同立法模式,提出了我国可以采取的立法模式的建议。 Assignment and guarantee is an atypical guarantee system that has gradually developed through the jurisprudence and doctrine of civil law countries such as Germany and Japan. However, what is clear is that the legislative model that should be chosen in our country should be a system that can not only maintain the rigorous system of the traditional real rights law in the civil law system, but also have some flexibility and feasibility. Operability, this article analyzes several different legislative models and puts forward suggestions on the legislative model that China can adopt.