The Mortgage System In China

The issue and implementation of "The Guarantee Bill of People's Republic of China" makes the Mortgage System achieve great advance whether in legislation and in practice,therefore exerts more and more important influence in our social economic life. The thesis attempts to analyze the various questions concerned with the basic conception,nature and characteristics of our Mortgage System,as well as the establishment of mortgage,the effect of mortgage,the implementation of mortgage,the power of mortgage,the maximum sum in mortgage,etc. from the point of the legislative prescription,judicial explanation,and judicial practice of our Mortgage System.Section I mainly probes into the questions of the conception,nature,characteristics of the mortgage and the classification and variety of mortgage as well. While in Section II,the paper particularly analyzes the questions of the acquiring approach of mortgage,the parties to the mortgage contract,the target objects of mortgage contract,the prescription and content of mortgage contract,mortgage registration,the organizations of mortgage registration,the procedures of mortgage registration,etc. And Section III mainly illustrates the questions of the scope of creditor's rights of mortgage guarantee,the scope of target objects connected with the effect of mortgage,the party's rights and obligations in mortgage affairs;the relationship between mortgage and guarantee,the conflicts between mortgage and other real rights granted by way of security. Also,in Section IV,the paper explores the questions of the liable conditions of mortgage ,as well as its channels,approaches,limitations,sequences,and the abolishment of mortgage. And in Section V,the paper deals with several questions concerning the power of mortgage,and the maximum sum in mortgage.