摘要： 动产担保现代化呈现担保财产广泛、担保类型多样以及担保权设立模式统一且简单的特征。而在我国动产担保制度下,能否以新型无形财产设立担保,存疑;其未明确肯定无形财产抵押以及未来财产担保的物权效力,也未认可担保权效力及于衍生财产,无真正的集合财产担保;担保权设立模式为混合主义。我国动产担保的设立制度可作如下优化:第一,假定以未来动产设立担保的处分权,使其在担保合同生效时产生物权效力,并借法律拟制方法使依交付生效的担保权能设立在未来财产上。第二,明确法律、行政法规未禁止转让的权利可质押,也可抵押,并以登记生效及登记对抗为主要设立模式。扩大解释动产抵押,使其涵盖无形财产抵押,同时将动产融资统一登记公示系统作为法定的兜底性登记平台。

关键词: 动产担保, 混合主义, 未来财产担保, 假定处分权, 无形财产质押

Abstract: The modernization of security in personal property is characterized by extensive properties, uniform and simple mode of establishing security rights, and various types of security.Otherwaise, under our security in personal property, it's doubtful whether a new type of intangible property can be encumbered a security right; It doesn't explicitly affirm the real right effect of intangible property charge and security in future property, nor does it recognize that security rights extend to derivative property, and therefore there is no real security in collective property.The mode of creating security right is mixed, including delivery effective, registration antagonistic and registration effective.The establishment system of security in personal property in our country could be optimized as follows: first, it assumes the right of disposition in the security in personal property, so that security in personal property has the effect of real right when the disposition occurs, and by means of legal fiction, the security which acquires effect by the delivery of secured property can be established in the future property.Second, it shall be clarified that rights not prohibited to be transferred by laws or administrative regulations, can be pledged, and rights not prohibited from charging may be charged.The main mode of establishment of security in personal property is regarded as registration antagonism and registration effective.It is necessary to expand the charge in movable property to include charge in intangible property, and the unified registration platform of security in personal property is recognized as a statutory underwritten registration institution.

Key words: Security in Personal Property, Hybridism, Security in Future Property, Assumed Right to Dispose, Charge in Intangible Property