Study On Problems Of Chattel Mortgage's Registration System

Chattel Mortgage is the product of industrialization. It meets the industrial and commercial enterprise' s requirements including financing and usufruct, and plays a positive role in the development of social economy. However, as for the public summons, chattel Mortgage has serious defects for the non-transferring possession of objects and the mobility of chattels. The registration system of chattel mortgage is just the key to this problem. In our country, the history of chattel mortgage is very short and its pertinent provisions are not perfect yet. After introducing the rising reasons of chattel mortgage, this thesis analyzes the validity and ensuring mechanism of liability of the registration system of chattel mortgage from the kens of jurisprudence and economics, and puts forward some promoting suggestions to this system of our country. This thesis consists of four sections:The first section demonstrates the rising cause of the registration system of chattel mortgage. This section expounds the concept, value and the predicament in application of the registration system of chattel mortgage. On the basis of analyzing the cause of its predicament, this section points out that the registration system is the best way to resolve this problem.The second section explores the validity of registration system of chattel mortgage in detail from the kens of jurisprudence and economics. On the basis of introducing the concept and legislative model of the registration system of chattel mortgage, this section analyzes its contentthe object and the scope in detail.The third section analyzes the ensuring mechanism of liability of the registration system of chattel mortgage. This section points out that this system involves several kinds of liabilities, including the civil liability, the administrative liability and the criminal liability. In order to find a way to punish the lawbreakers, this section explores how to ensure the execution of the registration system of chattel mortgage.The fourth section points out the legislative flaws of the registration system of chattel mortgage in our country and puts forward some corresponding promoting suggestions.