Legal Research On Movable Security

Booming market economy is promoting the development of movable securitysystem. In the summary of the legislation and practice of chattel secured on the basisof foreign experience success chattel security, issued the "Property Law" in2007. Thelaw broadens the chattel warranty, raw materials, semi-finished products, buildingsunder construction, ships, aircraft, accounts receivable, fund shares and so can be usedas collateral; perfect a security interest in the system; amended rules no securityinterest to achieve clearly defined his due debts or circumstances agreed by the partiesto achieve security interest occurs, the creditor can achieve security interest, if theparties unable to agree on a security interest in the implementation, may request thecourt to auction or sell the collateral. Also the method of the current legislation bechanged, the scope of collateral taken a reverse exclusion method. Specified above forour country’s economic and financial activities will have a profound impact, however,parts of the issues need to improve. This article is divided into five chapters.The first chapter is to establish a diversified form of chattel guarantee. Thischapter is divided into four sections, for civil law, personal property and personalproperty secured type of financing type common law was introduced. Compare thechattel mortgage and pledge of the similarities and differences, as well as analysis theelements of the chattel security. In our country,"Property Law" stipulates SecuredTransaction type rationalization reform proposal put forward on the basis of presentation.The second chapter is perfect chattel guarantee registration system. Through thecommon law and civil law chattel public system’s introduction, made suggestions onchattel security registration system, such as unified chattel registration authority,simplified registration form and other personal property secured transactions in orderto improve efficiency.The third chapter is remodeling secured transaction object system, which is theimportant part of this article. This chapter discusses not only the object of foreignSecured Transaction, as well as expand the scope of our proposal Secured Transactionobject, will merge the financing, which also aims because the main problems offinancing movable object that is not widely accepted by financial institutions andthere is a certain risk.The fourth chapter is realization of personal property security interest. China iscurrently achieved mainly rely on chattel property guarantees public relief, but also amajor problem in practice, so this chapter by exploring the current system in China,summarize and recommend ways and means to improve personal property securityinterest to achieve.The fifth chapter is Financing Guarantee chattel: a practical perspective. It is animportant part of our national economy, has an important position in the nationaleconomy and social development, but "financing difficulties, difficulty in obtainingloans" has become a major problem restricting the development. So this chapter toimprove the ecological environment security through chattel financing proposalfinancial institutions, small and medium enterprises, supporting measures.