On The Disadvantages And Perfection Of The Publication System Of Chattel Mortgage Of China

At the call of economic development, the 1995 Guaranty Law sets forth chattel mortgage. As a common practice of other countries in the world, the Guaranty Law took registration as the way of publication chattel mortgage with reference of the publication method of the real right of immovable property. However, due to the lack of superficial features of the registration of chattel mortgage, the chattel mortgage system has some serious conflict with relevant laws. Despite the efforts made by the Interpretation of Guaranty Law and the Draft of Real Rights Law to solve this problem, there remains the disadvantage of the publication of chattel mortgage. With the development of economy, the financing function of chattel mortgage has become stronger and stronger while the disadvantage of the publication of chattel mortgage has been impeding chattel mortgage system from playing the roles it should.On the real situation of China, through combining Guaranty Law and its Interpretation, Maritime Law, Civil Aircrafts Law and the Draft of Real Rights law, this essay analyzes the present rules on China chattel mortgage publication with historical method and comparative method as its research method. It points out that the disadvantage of China chattel mortgage publication is its lack of superficial features and puts forward settlement for this problem on the basis of domestic and foreign practices as to this problem and proposals form scholars.The Guaranty Law sets forth two different principles for chattel mortgage according to the difference of movable property: registration and writing. While this method is changed by the Draft of Real Right Law, which unifies the publication of chattel mortgage into writing. However, neither the former nor the latter takes any measure to bridge...