The Research On Personal Property Security Transaction Unified Registration System

With the development of our economic, security system gradually changing from traditional assurance the safe of debt to finance media, from simply focusing on the value controlling to the effective of secured property. There are real needs of non- possession personal property secured transaction, the introduction of registration system in the field of personal property secured transaction is a major breakthrough in the field of finance, its providing an institutional guarantee for non- possession secured transaction. The registration system also solving the publicity of intangible property. But the widely using registration system also lead a confused secured transaction legal system, the type of secured transaction is variety, the registration authority is different, the registration procedures is different and other issues, to some extent, restricting the development of chattel secured financing. Therefore, as the representative country, the United States first to reform the legal system of personal property secured transaction, with the concepts of functionalism and autonomy to build the unified personal property secured transaction registration system, which including unified registration legal norms, unified registration range, unified registration effectiveness and unified registration procedures. Our Secured financing has entered a relatively active period, but our legal system is a relatively lag, unable to meet the development needs of modern financial practice, thus we need to build a modern, efficient personal property secured transaction legal system, and registration system is the important part, which is connecting the substance and procedure, having an important role in personal property secured transaction regime.By the method of comparative analysis in this thesis, drawing on the extraterritorial personal property security transaction unified registration system, analyzing our existing movable property ownership unified registration system mode of operation, in order to perfect the personal property security transaction unified registration system. This thesis is divided into four chapters. The first chapter begins with the introduction of registration, its function, after presenting how a unified registration system producing in the United States, as well as its development and its contents constitute, indicating which includes unified legal norms, unified registration range, unified registration procedures, unified registration authority, and unified registration effectiveness. The second chapter is the study of extraterritorial personal property security transaction unified registration system, which select——the UNCITRAL Draft Model Law on Secured Transactions as a model, is based on its widely participation and a more mature experience. In the substance,"Model Law" creates of the concept of personal property security right, on the registration procedure, advocates the establishment of a unified central registration office, builds a in secured registration procedures, which according with the use of personal property security transaction, using single application, formality examination and notice-registration system. On the registration effectiveness using the registration antagonism. The third chapter discussing our unified registration system, the legal system is imperfect, resulting in the registration range is uncertain, on the procedure, the unified legal norms, registration Authority is unified, and the procedure is ineffective, thus, China People’s Bank in conjunction with other departments to actively build our chattel ownership unified registration system, through analyzing our operation mode, we found that they have a positive sense but there are also serious deficiencies. The fourth chapter is to discuss how to improve our personal property secured transaction unified registration system. It pointed out that there are four aspects to improve our system. Namely the systematization of legal norms, authorities as a unified registration authority, the improvement of registration process, accepting registration antagonism.