Defects And Perfection Of China 's Chattel Mortgage System

Because especially in conflict publicity system and the traditional system of chattel mortgage property legal system, to produce up to now has been a focus of debate, and it is for this reason the slow development in the traditional civil law countries. Since 1995 the country introduced chattel mortgage security law, the debate about the regime has always existed, but never a particularly good solution to resolve, as the demand for real estate financing business is growing, so that to solve this problem increasingly The more urgent. Given this background, this paper on China’s chattel mortgage system for analysis, trying to identify deficiencies and propose practical solutions. Firstly, on the basis of the theoretical system of chattel mortgage, including comparative law overview for a more detailed introduction, laid the foundation for our comprehensive and objective understanding of the system. Secondly, the paper of China’s legal system as the cornerstone of the chattel mortgage were from the public system, the effectiveness of the system, the rights of the three aspects of the system to achieve its main defect analysis, and analyzes the necessity of the existence of chattel mortgage system. Finally, the author of chattel mortgage system defects proposed solutions, the formation of a chattel mortgage to improve our public system as the core of the settlement mechanism.