Statutory Mortgage System Research

The system of legal mortgage has not been clearly regulated in China's current law system of the real right. A few sporadic issues about the legal mortgage were involved in the domestic papers. But the lack of system is the important problem. Therefore, the construction of the legal mortgage system is the blank spot in the field of the theoretical research about the real right law and the legislative practice. In this paper, according to the China's existing theory about the real right law and the practice, and taking into account some of the more mature theories in the Western developed countries, and how to set up a legal mortgage system, the author expresses some his own personal opinions and insights. At the same time, the author further discusses the details about the main contents of the legal mortgage.