The Perfection Of Chinese Chattel Mortgage Transfer System

Chattel mortgage system is an effective way to solve the financing guarantee problems of modern society, the development of the system of corporate finance is of great significance in modern society. However, due to their inherent chattel mortgage system defects, resulting in the transfer process chattel mortgage mortgagee, the mortgagor and the interests of the third party transferee easy to produce conflict. So, how to design a better system to overcome the inherent weaknesses of the system of chattel mortgage, chattel mortgage system plays an important role in today’s society is a problem faced by the current legislation. China’s "security law" and "Property Law" has established a chattel mortgage system, but legislation to resolve the conflict of interests of chattel mortgage transfer faces failed to do well coordinated. By analyzing the chattel mortgage system inherent flaws and lack of resolve in our civil law chattel mortgage transfer several models with a view to explore better ways to make up for the deficiencies of chattel mortgage system of chattel mortgage for a conflict of interest for sale to find to better address mode. Specifically, in addition to the introduction and conclusion of this article, the main start on the following four aspects.The first part discusses the issue of chattel mortgage. By then define the concept of chattel mortgage on civil law and common law countries (regions) chattel mortgage on a comparative analysis of the issue, specifically in the world of movable property development mortgage system.The second part describes the plight of the necessity of facing the development of chattel mortgage system analysis, clearly the importance of chattel mortgage financing system for social security. At the same time through the introduction of chattel mortgage collateral transfer process people, reflect the interests of the mortgagee and the third party transferee to explore the root causes of conflict chattel mortgage transfer lies above both chattel mortgage possession and registration publicity resulting binary contradictions.The third part of the conflict mode by comparing the current legislation in several solutions transfer of chattel mortgage, on limiting punishment mode, chasing and doctrine models and alternative settlement pattern defect assessment, the legislation seeks to analyze the deficiencies, in order for the next targeted Solutions proposed to pave the way. Section IV presents the specific design of the system of chattel mortgage on the transfer process, the existing problems, including the introduction of registration and the registration and use of two auxiliary weight mode. Subrogation and chase after the first dual mode and the corresponding judicial interpretation remedies.