担保物权制度,由其自身发展的历史来看,无不是为配合社会经济发展的需要而次第建立起来的。当前社会经济的迅猛发展,如何建立健全我国的担保物权制度,是一项我们无法回避的重要课题。我国目前担保物权制度的立法现状存在不足,本文对担保物权制度中的担保物权的定性不明确、担保物权期间可否由当事人自行约定、抵押财产的范围过窄、担保物权从属性理论滞后等问题进行了一定的分析与探讨,以期促进我国担保物权期间制度立法的完善。 According to the history of its own development, the security interest system was all set up second to meet the needs of social and economic development. At present, the rapid development of social economy and how to establish and improve the security right system in our country are an important issue that we can not avoid. At present, there is not enough legislation status quo of the real right system in our country. In this paper, the definition of the real right of security in the real right system of security is not clear. Whether the period of the real right of security can be agreed by the parties, the scope of the mortgage property is too narrow, Theoretical lag and other issues were analyzed and discussed in order to promote China’s security during the improvement of system legislation.