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所有人抵押权因其融通资金、维护公平的基本功能而得到广泛赞同,并形成两种立法例——法国模式和德国模式。我国仅在最高院司法解释中对其作了简单规定,难以适应经济发展的需求。法律是经济生活和法律实践的表述和反映,是促进经济不断发展的助推器。比较国外关于所有人抵押权的立法例,我国应当应时而动,建立起包括广义混同的后成的所有人抵押权和有限制的原始的所有人抵押权在内的完善的所有人抵押权。
Due to its financing of funds and the maintenance of fair basic rights, the mortgage rights of all people are widely endorsed and form two kinds of legislation - the French model and the German model. Only in the judicial interpretation of the Supreme People’s Court made a simple provision for it, it is difficult to adapt to the needs of economic development. Law is an expression and reflection of economic life and legal practice, and is a booster that promotes the continuous development of the economy. To compare the foreign legislation on the right of all mortgages, our country should move from time to time and establish a perfect mortgage of all the people, including the post-mortem mortgages and the limited original mortgagor’s right, which are confused with each other.