关键词: 担保物权, 存续期限, 制度构造, 《中华人民共和国民法典(草案)》

Abstract: The duration of the secured property rights is a legal loophole left by China's Guarantee Law. Although both Judicial Interpretation of the Guarantee Law and Property Law attempt to fill this loophole， it is still unclear whether the secured property rights have been eliminated after a certain period of time， and judicial practice and doctrine are difficult to unify for a long time. It is not advisable to inherit the provisions of article 202 of Property Law for the duration of the mortgage rights in the two deliberations of Civil Code of Property Rights (Draft) and Civil Code (Draft). The secured property rights are the fixed property right and the fixed-term property right. Under the legal policy of promoting property circulation， the survival of the secured property rights shall be subject to the time limit. Although there is no legal causal relationship between the duration of the secured property rights and the legality of the secured claims， the two have a considerable relationship in the normative structure. The future Civil Code of People's Republic of China shall， on the basis of perfecting the provisions of Property Law on the duration of the mortgage， bring it to the general part of the secured property rights and integrate it with the statutory elimination of the secured property rights.

Key words: secured property rights, duration of existence, institutional structure, Civil Code of People's Republic of China (Draft)