On The Construction Of Registration System Of Chattel Security In China

This article aims to clearly grasp the characteristics and problems of the system of movable property guarantee registration by studying the system of movable property guarantee registration in China,and then explore and establish a unified registration system for movable property guarantee in our country.And on this basis,we can explore the addition of a non-civilization model for the registration of movable property guarantee registration.That is,under the framework of the unified movable property guarantee registration system,some special registered companies are allowed to engage in the registration of some movable property rights as movable property of the executive authorities.Supplements other than the guarantee registration public notice are intended to alleviate the problems such as the high registration cost and inefficiency existing under China’s movable property guarantee registration system.In the writing process of the thesis,this article mainly adopts literature research,comparative research and other methods to understand the origin,characteristics,nature,specific content and existing problems of the system,and then put forward thinking and suggestions for improving the system.This article is divided into three chapters:The first chapter is an overview of China’s movable property guarantee registration system.This part discusses the concept and scope of the movable property guarantee registration system,the nature of the registration behavior,the effectiveness of the registration,and the problems existing in the system.The movable property guarantee registration system is a system established to compensate for the shortcomings of movable property guarantees in publicity.Generally,it only has the function of publicity and cannot create rights.It is a prerequisite for right holders to fight against third parties,saving costs and facilitating economic activities.Maintain the role of transaction security.Where the registration act should be an administrative act,because the responsibility of the registration authority damages the legitimate rights and interests of the parties,the parties can protect their lawful rights and interests through administrative lawsuits;on the effectiveness of the registration,there is a registration confrontation under the current guarantee registration system in China.There is also registrarism,and I believe that it is better to adopt registration oppositionism.The author finds that the system still has the problems of inconsistent system regulations,unclear registration authority and authority,complicated registration procedures and content,and delays in information disclosure systems.At the same time,the author finds that there has been a trend of publicizing the registration of movable property guarantees in China.It is simply because the procedures,content,and effectiveness of the current registration of movable property guarantees in China are not uniform,resulting in some problems in their application.The second chapter focuses on the establishment and improvement of the universal registration system for movable property guarantees.It focuses on the Ninth Chapter of the U.S.Uniform Commercial Code and focuses on the selection and determination of the registration authority,the registration of the movable property guarantee statement,and the application for registration.The contents of the registration authority’s duties and the effectiveness of the registration are described in detail in the U.S.Uniform Commercial Code,which regulates the U.S.unified registration system for movable property guarantees,analyzes its institutional structure and advantages,and registers the Chinese movable property guarantees.The improvement of the system provides a theoretical reference.At the same time,on the basis of a detailed account of the content of the Ninth Chapter of the U.S.Uniform Commercial Code,it briefly introduces the registration system for movable property guarantees in Japan and Taiwan,and discusses the legislation model and methods of publicity.The review methods were compared to provide theoretical support for the development of the third chapter.The third chapter is about the perfection of the registration system of movable property in China.Based on the current situation in China and drawing on extraterritorial experience,this chapter puts forward concrete proposals for establishing and perfecting a unified registration system for movable property guarantees in China.First,the laws and regulations governing the registration system for movable property guarantees in the process of compiling the civil code,To lay the foundation for the establishment and improvement of a unified registration system for movable property guarantees;second,to use the Internet and big data to establish a unified publicity registration system for movable property registration under the premise of separate registration systems to balance the unified registration system and the separate registration system;The U.S.law establishes the unilateral application model,and the paper application and the online application are provided concurrently for the parties to choose to facilitate the parties.Fourth,the registration content is simplified,and the statement registration system is adopted to ensure the security of transactions and the privacy of the parties,thereby determining the form of the registration authority.Review responsibilities to improve the efficiency of registration and promote the rapid development of transactions.Fifth is to clarify the responsibilities of the registration authority when registration errors occur.This article believes that registration behavior is an administrative act,and the responsibility of the registration authority is administrative responsibility,which is in line with the formal review.The registration authority bears faults The principle of liability imputation,specific compensation standards can refer to the”State Compensation Law" to confirm the registration agency’s liability for compensation,and adopt different compensation standards for specific situations;finally,under the premise of unified movable property guarantee registration system,the author proposed to establish movable property guarantee registration and registration.The assumptions of the non-governmental model include the division of business scope between state agencies and private registered companies,issues concerning the registration,supervision and operation of registered companies,and the responsibilities of the registration authority when registration errors occur.It is hoped that we can gradually establish and improve the unified registration system for movable property guarantees in line with China’s actual national conditions.