一、动产抵押制度的引入:价值目标的追求传统民法根据物的担保的设立是否移转标的物的占有,将物的担保分为抵押和质押。罗马法中质权与抵押似乎是一个统一的制度,因为抵押只不过表现为对质权的完善,因而有关的理由和诉权都是共同的。只不过按照更地道的说法,如果在履行协议时向债权人转移了占有,人们通常说是质权(pignus),如果标的物仍由债务人占有,人们则称之为抵押(hypotheca)。由于不动产以登记为物权表征方式,动产以占有为物权表征方式,根据物权公示、公信原则,抵押权通过登记以为公示,质权通过占有的移转以为公示。因而传统民法中,动产因公示手段的缺乏,不能设立非占有担保,只能设定移转占有的"占有担 First, the introduction of movable property mortgage system: the pursuit of the value of the object The traditional civil law according to the establishment of the security of the object whether to transfer the possession of the subject, the object of the security is divided into mortgage and pledge. The Roman law pledge and mortgage seems to be a unified system, because the mortgage is only manifested in the improvement of the pledge, so the relevant grounds and the right to action are common. It is only fair to say that if, in the performance of the agreement, the possession of creditors is transferred, people usually say pignus, which people call hypotheca if the subject matter is still held by the debtor. Due to the registration of real property as the representation of real right, the movable property is represented by the possession as the real right, according to the principle of public announcement of property rights and public credit, the mortgage is registered through publicity, and the right of pledge is publicized through the transfer of possession. Therefore, in traditional civil law, movable property can not be set up as a non-possessory guarantee due to the lack of means of publicity, but only the possession