Under The Perspective Of Autonomy Of Private Law To Study On The Title Retention System

The system of ownership retention has become an important guarantee system of western countries and the development is more mature.However,in China,the application of retention of ownership is greatly restricted due to the lag in legislation.The new Interpretation of the Supreme People's Court on the Application of Legal Issues in the Trial of Disputes over the Sale and Purchase Contracts(hereinafter referred to as the "Judicial Interpretation of Sale and Purchase Contracts")provides more detailed provisions on the retention of ownership and strengthens the operability of the retention system,Refined the rights and obligations of the parties to the relationship between the parties to a certain extent,improve the situation of legislation lag.However,there are still many shortcomings in the provisions of the judicial interpretation of the sale of the contract.For example,the scope of ownership retention is limited to movable property,the conditions for the sale of the seller's right of recourse are too harsh,and the ownership retention registration system is not mentioned.In a specific historical period,the state,based on the consideration of the social public interest,tends to restrict the autonomy and the scope of the rights of the civil subject through the state coercion in the legislation of the system of ownership retention.However,the author believes that with the establishment of the socialist market economic system in our country and the gradual adherence to the idea of civil legislation to follow the principle of private ownership,we should review and perfect the system of ownership retention in our country.We should adhere to the concept of private ownership,The principle of public trust,respect for the autonomy of civil subjects.In addition to the introduction and conclusion part of this article,mainly composed of three parts.The first part mainly discusses the relationship between the retention of ownership and the autonomy of private ownership,especially focusing on the positive role of the idea of private ownership in the system of ownership retention.And reveals and analyzes the defects of the state in the system of ownership retention.Through the comparative study,the author analyzes the advantages and disadvantages of the two,that the development of ownership retention system must eliminate unreasonable state coercion,adhere to the concept of private ownership,adhere to the principle of public publicity.The second part introduces the world's major national legislation and institutional characteristics,which conclude the type of title retention,retention of title in consumer contracts and collective contracts.Even though the lack of international substantive law,but I also try to solve the international trade disputes though conflict laws.The third part mainly deals with the consummation measures of the system ofownership retention in our country.In this part,the author argues that private ownership is the core of the theory of ownership retention,and puts forward some suggestions for the improvement of the main problems in judicial practice.First,the scope of the object of ownership retained in our country should not be confined to movable property,but should be extended to real estate.Second,the ownership of the sale of the right of the seller to seize the conditions of the exercise should be "to legalize." Thirdly,China should establish a system of retention of ownership,and put forward specific construction rules.