The Research Of Chattel Mortgage System In China

The establishment of the chattel mortgage system is the result of changes in the social economic model, and it meets the needs of guarantee financing of small and medium-sized enterprises and in line with modern trends in movables guaranty system. The Security Law of our country has established chattel mortgage system at the earliest, then the Property Law has perfected it, and its role in our economy is also growing. However, due to the immaturity of its theory and system, many problems still exist in the chattel mortgage system. The author has discussed a lot of issues existed in the current chattel mortgage system of our country from the perspective of comparative law and based on the legislation analysis about chattel mortgage legislation of other countries in the world, and has made some suggestions as well.Addition to the introduction and conclusion, this paper is divided into four parts:The first section has provided a brief analysis of the theoretical basis of mortgage and has reviewed the tortuous development of chattel mortgage system. It has intended to demonstrate that the existence of the chattel mortgage has its historical inevitability, and it is the inevitable result of modern industrial and commercial development. Secondly, it has explored the relevant principles of the chattel mortgage system, and has introduced the conception, characteristics, constitutive requirements and effectiveness of chattel mortgage, then hopes to analyze the contents of chattel mortgage from the theoretical level and provides a theoretical basis for design of the chattel mortgage system.The second section has introduced the related domestic doctrines about chattel mortgage, and has fully showed the reason why the chattel mortgage system is such controversial, and has provided useful help for its perfection as well. Also, it has cited the attitudes on chattel mortgage of civil law system and common law system and the relevant laws, and in order to illustrate the existence necessity of the chattel mortgage system and provide a reference for the chattel mortgage system legislation of our country.The third section has described the related laws of the chattel mortgage system in our country, which shows the attitude on the chattel mortgage system of legal profession in our country and the efforts to perfect the system. Another focus of this paper is to selectively analyze the exiting issue in current chattel mortgage system, mainly as: the scope of the subject matter of the chattel mortgage, the issues in public summons of the chattel mortgage, the conflict between chattel mortgage system and bona fide acquisition system and the priorities issue in chattel mortgage system. It has showed a lot of issues in the chattel mortgage system of our country show the many problems in the chattel mortgage system from different angles, in order to further point out its perfection direction.The fourth section at first has pointed out the significance in perfecting the chattel mortgage system in our country, then has provided several suggestions on how to improve the chattel mortgage system, including: improve the scope of improving the subject matter of the chattel mortgage, improve the public summons of the system of chattel mortgage, coordinate the contradiction between the chattel mortgage system and the bona fide acquisition system, coordinate the chattel mortgage and the traditional property law system, and establish priorities rules of the chattel mortgage system. Hope to provide some useful help to the perfection of the future chattel mortgage system of our country.