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动产抵押制度凭借不转移动产占有的特点实现了物尽其用,公示登记制度的完善也保障了其物权的公示性。但动产抵押制度也存在抵押动产适用范围受限制、公示登记制度不完善以及物权人优先受偿序位不明确等诸多问题与风险。为更好的发挥该制度之优越性,本文认为应从“明确动产抵押范围”、“完善公示登记程序”、“保障并明确动产抵押权人的优先受偿权”等多个方面进一步完善动产抵押制度,规避动产抵押风险,以期更好实现动产抵押的功效。
The movable property mortgage system has made full use of its advantages by not transferring the possession of movable property and the improvement of the public registration system also guarantees the publicity of its property rights. However, there are many problems and risks in the real estate mortgage system, such as the restricted scope of the mortgage movable property, the incomplete registration system and the unclear priority order of the real owners. In order to give full play to the superiority of this system, this paper argues that we should start from the “clear chattel mortgage scope”, “perfect the public register procedure”, “guarantee and clarify the preemptive rights of the chattel mortgagee” In this respect, the real estate mortgage system is further perfected to avoid the risk of movable property mortgage, so as to realize the effect of movable property mortgage.