The Research Of Floating Charge System

The system of floating charge was originated from Equity Law of England which has being developed for a hundred year; it is the most popular guarantee form in international finance field. In 2007, our country introduce this form of financing guarantee which is an international practices by issued < The Property Law> , this law manifest the great progress of legislation in our country. regulate the floating charge system in three clauses and explicitly stipulated the setting subject, the scope of object to reflect on the characteristic of retardance and collectivity, also regulate the establish ways of floating charge system, public registration system, the free sanctions of pledge which being perform during normal business, and the cause of floating charge to fixed mortgage. However, it is not hard to see the regulations of floating charge system in is quite simple, there are lots of problems occurred in practical operation, such as the setting subject is too wide, the scope of subject is quite narrow, unable to define the normal business scope of enterprise. All this needs to be perfected in relating legislation.This article divides into three parts except preamble and conclusion.The first part is the summary of floating charge system. This part discuss on basic theory of floating charge system which conclude the concept and characteristic. At the same time, the author introduce the floating charge system in England, America, Japan in comparative law view, in order to give us a profound sense of its originate and development. The second part is about the operation of floating charge system. Through the analysis and comparison of setting subject and scope of object, dormant of floating charge, crystallization of floating charge, practices of floating charge, we can know well of the component of floating charge system, also set us a reference of mature operation system.The third part is the limitations of our country's floating charge system and its legislation perfection problem. This part analysis the current legislation in our country, also through the comparison of mature floating charge system in western countries, we can find and analysis the problem which exist in our floating charge system. This article close restraint the setting subject of floating charge system, enlarge the scope of its estate under mortgage, define the"normal business scope", and construct the rational priorities rules, introducing managing agent system, and other aspects, also, propose some legislation suggestions. In the hope to help us better known the practice operation of our country's floating charge system through above discussion.