The Research Of China's Chattel Mortgage Rgistration System

Chattel mortgage system, a widely use guarantee system all around the world, was established in 1995 by the Assurance Law in China and has become a very important way of guarantee. The power of the chattel mortgage lies in the permanent possession of the object. However, the strong liquidity of chattel leads to a flaw of chattel mortgage which has been settled by chattel mortgage registration system.Chattel mortgage registration tends to show the public the mortgage situation of the object to protect the third party's interest from uncertain risks. Whether the chattel mortgage system can promote the development of the society depends on the chattel mortgage registration system. The chattel mortgage registration system in China is based on the Property Law, the Assurance Law and the related judicial interpretations, and in accordance with the related governmental rules and regulations, yet without a unanimously effective system.First of all, by quoting all kinds of materials and cases, this paper starts with the basic issues of chattel mortgage and registration, make an analysis and evaluation of the legislation selection of the system; secondly, it give a comparison of the chattel mortgage system between other countries; and thirdly the paper places the emphasis on the chattel mortgage registration system in China, the situation and the problems of the system and the solution to deal with these problems. The author holds the view that many problems exist in China' chattel mortgage registration system, such as the scattering of the registration institutions, multi-registration, indefinite responsibility, elaborate details and irrational procedures, and law assurance to the mortgager due to the floating registration system, etc.. To the problems mentioned above, the author suggests in the paper unifying the registration institutions, making clear the responsibilities etc..There are four major parts in this paper:Partâ… The basic problems of chattel mortgage registration. On one hand, give a comparison between the advantages and disadvantages of the system; on the other, give a comparison between the three theories of mortgage behavior and make a clear point.Partâ…¡A comparison of chattel mortgage registration system between other countries. Give a rough introduction of chattel mortgage registration systems in some major European countries, make a summary of the three types of international guarantee systems and the tendency of chattel mortgage registration system, and try to find out something that can be beneficial to the chattel mortgage registration system here in China.Partâ…¢ The current situation of the legislation of China's chattel mortgage registration system. Make a summary of the effect, content, institution and procedures of chattel mortgage registration. Point out the existing problems in China's chattel mortgage registration system and put forward the solutions to these problems.Partâ…£Suggestions on the perfection of China's chattel mortgage registration legislation. Based on the three parts above, the author put forward a few proposals to perfect the legislation of the system in order to cut the cost, enhance the efficiency, protect the third party's interest, and to balance between all the parties.