On The Publicity Of Chattel Mortgage

The chattel mortgage system is great important to promote economic and social development?Wang zejian has pointed out: "through the comparison,we can see the more developed market economy countries,the more developed the movables guarantee system".To establish the role of the chattel mortgage system can not only broaden the market financing mode of the subject,still can make the efficiency of movable property greatly."Security law" chattel mortgage system introduced into China in 1995 and established the system of chattel mortgage.The introduction of a new system to avoid defects,our country also in this endeavor on the chattel mortgage system in-depth study to explore.Until the "property law" enacted in 2007,although further innovation to improve the system of chattel mortgage registration,but the chattel mortgage on how to do effective and powerful of the public,relevant provision to the public,commenting failed to arrange properly,such as the form system of chattel mortgage registration,registration agencies,public way and object.Designing for the publication of the chattel mortgage way only provisions for the registration of the public,chattel mortgage registered public ways indeed facilitate client or a third person for the burden of personal property rights of knowledge.And compared with the traditional civil law theory of chattel itself has a way of the public,both the conflict,not only in the way of the public and the registration of the public way relative to the movable property itself possess appears externality is lack of the public way,combined with the reality,such as the chattel mortgage of Japan or the Taiwan region may be published related regulation for reference,combining with China's mainland of national conditions,to give priority to with registration of the public,for the movable property mark engraved logo is complementary,a combination of these can effectively make up the externality caused by simple registration public way the problem of lacking.The original intention of setting up a system of chattel mortgage is to give individuals and companies to obtain financing in the form of movable property to mortgage trading activity,promote the development of market financial condition for our country.So its running mechanism is convenient from the perspective of the parties to a mortgage,a unified registration system and the registration authority,convenient registration procedure,query convenient,and so on of the burden of personal property rights must be perfect,and commenting on these aspects are still not doing enough detail,need to constantly joint practice,learn from practice found that the problem and progress.The introduction of chattel mortgage system is necessarily a big step forward in the system of our country's law,and our country may continue to improve,repair,went up from the details to the maximum play to the effect of the chattel mortgage system.In order to solve a mortgagor and a third person in good faith because of chattelmortgage of the public interests conflict,maintain the market transaction system and order.In this paper elaborates the chattel mortgage system,through comprehensive order of chattel mortgage in the historical development of continental law structure and Anglo-American law system,contrast the chattel mortgage system development at home and abroad and the related provisions,on the basis of commenting on interpretation of the law,the publication of the chattel mortgage of our country's existing shortcomings are pointed out,based on China's national conditions and practical situation,combined with examples at home and abroad related regulations to make proposals for solution.