Research On The System Of Security Real Right Of Movable Property Defined By Our Country

In the modern market economy,the scientific and reasonable system of real right of chattel security plays an important role in maintaining transaction security and satisfying financing needs.The real right system of chattel security in our country has changed several times and each time it has evolved to better adapt to the economic foundation.After several years of evolution,there are still many problems in the real right system of guarantee for movable property in China,which makes it difficult to give full play to the guarantee financing function and adapt to the needs of the development of socialist market economy.Faced with the same practice dilemma,it is an urgent problem for China to construct a real right system of chattel security.This paper USES historical method,comparative method,the method of system,the first inspection of the movable property by real rights for security system in our country evolution process and the existing defects,and then compared to outside of the chattel by two law systems and to analyze the evolution process of the real rights for security system,and finally put forward to choose unified chattel by real rights for security system,in order to promote the chattel by real rights for security system in our country modernization.The article is divided into four parts:The first part,by studying the form evolution of the type of real right of guarantee for movable property in our country is the specific legislative provisions in different periods,deduces that the substantial evolution of the type of real right of guarantee for movable property in our country is the extension of mortgage.Based on the evolution process,we continue to explore the reasons for the evolution.There are two main reasons.Second,the internal reason,the legal principle of real right is relaxed,which makes the chattel mortgage has the applicable space.The second part,after several years of evolution,the real right system of chattel security in our country has been on the multi-path.Based on the existing regulations,this paper analyzes the deficiencies of the multivariate system.There are two main shortcomings,one is the structure of defects,two is the content of defects.Because of the structural defects,the lack of unified registration and publicity system and unified compensation order rules.Because of the content defect,there are a lot of repeated stipulations in the real right of chattel security.The third part,the outside economic level is higher than the developed countries,they faced the limitations of traditional chattel real rights for security,by studying theoutside of the movable type of real rights for security by two law systems evolution history,different countries solve the problem of legal application path can be found,trend analysis of two legal systems,respectively,in order to choose to make a reference for our country system.The fourth part puts forward the choice of unitary real right system for the guarantee of movable property,and discusses why this system is chosen from three aspects.Firstly,based on the defects of the existing system,it expounds the necessity of choosing the unitary system;secondly,it analyzes the feasibility of choosing the unitary system in the real right system of chattel security determined by two foreign legal systems;thirdly,it elaborates the inevitability of choosing the unitary system according to the current provisions on chattel mortgage.