浅议我国动产抵押制度的完善——兼议我国担保法的修改

Improvement of Chinese Movables Mortgage System

动产抵押制度适应社会经济发展而产生。世界上大多数国家动产抵押制度较为完备。我国的动产抵押制度尚不完善 ,存在缺陷 ,应从转变观念、明确规定动产抵押制度。

Compared with the intransitive guarantees, the movables mortgage system breaks out the traditional formation that the guarantee object is limited in the immovables since Roman law, and achieves a great progress in civil law. The higher a country's level of market economy, the higher it's level of movables guarantee system. The system arose from Roman law, and has been accepted by most countries. Chinese movables mortgage system appears many flaws, such as over-simple legislation, unreasonable public notice and the old notion. The improvement should firstly be made from the following aspects, namely, the change of notion, the definition of system, the addition of the items of guarantee and the affirmation of reasonable public notice.