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The Legal Research of China’s Chattel Mortgage Registration System

Author: TanYangXi
Tutor: LiuXingShu
School: Hunan Normal University
Course: Civil and Commercial Law
Keywords: Chattel Mortgage Chattel mortgage registration Registration authority Registered against the
CLC: D923
Type: Master's thesis
Year: 2009
Downloads: 29
Quote: 0
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Abstract

Frequent economic exchanges and transfers of wealth, chattel mortgage system is a guarantee system commonly used in modern countries. Legislative China Guarantee Law \However, due to the legislation the limited technical level as well as theorists chattel mortgage system study was not thorough enough, China's current chattel mortgage registration system is still not perfect, unable to provide effective guidance judicial practice of chattel mortgage system, hampering a chattel mortgage system function smoothly achieve. Therefore the system of chattel mortgage registration system, in-depth study has important theoretical and practical significance. This paper first introduces a chattel mortgage registration causes and concept, and one that the nature of the behavior of the chattel mortgage registration should be defined as a combination of civil conduct and administrative acts. Then pointed out the shortcomings of our existing registration mode, for example, cause the registration inconvenience, inefficiency, high cost of registration authority status. And, as to the management of the convenience of chattel mortgage taken respectively grounds registration system is not yet fully unified registration system can be used to solve these problems in conditions of electronic information. Chattel mortgage registration procedures, our registration authority to take substantive review process more cumbersome, overly strict requirements, adding to the burden of the registration authority and the adoption of the doctrine is more convenient and economic form of review. Obtained through the pros and cons of the comparative analysis of the effectiveness of two main registration mode Registration Antagonism is more in line with China's national conditions, more reasonable. Comparative Law is of great significance for our understanding of the registration authority's liability. Author through inductive and comparative analysis of the national registration authority liability rules, combined with a detailed interpretation of the State Compensation Law \losses, but is defined within a certain range, practice of this loss is desirable. Specific operations in accordance with the relevant provisions of the Law on State Compensation to determine the administrative liability of the registration authority. In short, China is currently the main problems of the chattel mortgage registration system must be by constructing electronic chattel mortgage registration system, the establishment of a unified registration system, simplifying registration matters, the adoption of a formal examination of doctrine, to improve the registration authority error compensation mechanism, and several other measures of the aspects of the reform, in order to establish a more comprehensive set of chattel mortgage registration system.

The Legal Research of China’s Chattel Mortgage Registration System

Abstract

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