Research Of Provisional Registration Security System

Since the reform and opening up, the market economy of China has gotten a rapid development. The growing demand for funds has promoted the development of China’s private loans and low-cost, safe and flexible methods of security. More atypical security methods have been used to security. In order to solve the problems of private loans in China and promote modern trade, the law must keep pace with the times, and provide a solid foundation for economic development. From the stage of economic development and comprehensive analysis of the status of the macro economy, the current economic situation of our country is similar to Japan in the nineteen seventies later period. In1978, Japan promulgated a law on the regulation of provisional registration security----The Provisional Registration Security Contract Law, which has a special significance to our country.This paper consists of three parts:introduction, text and conclusion. The text mainly includes the following three parts.The first part is the deconstruction of Japan provisional registration security system. Through the introduction of its concept, elements, nature, significance, liquidation obligations, effectiveness and other contents, we pointed out that the provisional registration security is a security system to adapt to the social development, a security method "which concludes a reservation contract to transfer the right and then make the provisional registration as a means to reach the secured claim purposes", as the foundation of this paper.The second part is the comparison between provisional registration security system and transferring security, mortgage, datio in solutum, registration and other related systems, and analyzes the advantages and disadvantages of the provisional registration security system. Because of its unique design, it can be prosecuted privately, and save costs and then on, which are better than mortgage, pledge and other typical security deficiencies. Compared with atypical security methods, it also has certain superiority in publicity. In addition, in order to balance the interests of creditors and debtors, not to be a profiteering means, Japan also designed liquidation obligations for creditors.The third part includes the analysis of the economic background and the problems of private loans in China. We can reach a conclusion that provisional registration security has very important significance for our country to solve the realistic problems, and to explore its practice in China will be great enlightenment to Chinese typical security system.