System Of Accounts Receivable Pledge

The Real Right Law of People's Republic of China promulgated in the year 2007 has clearly provided pledge receivables as one type of right pledge.Later,People's Bank of China issued"Regulation of Registration of Pledge Receivables",which constitutes the supplement to the Real Right Law.The above two legal documents constitute the fundamental legal framework of pledge receivables system in China,which marks the establishment of pledge receivables system in China,and also marks the innovation and development of the Property Guarantee System of China.The pledge receivables system clarified in the Real Right Law is just some kind of statement in legal sense,the detailed and practicable system still need to be developed.This paper studies the pledge receivables system by the means of comparison and legal rules,and studies this system gradually and multi-levelly.The first chapter analyzes the definition of receivables in the angle of legal and accountant.It concluded that the leagal nature of pledge receivables is a special type of general creditor right pledge.analyzes and the legal nature of pledge receivables and compares creditor right pledge with creditor right assigning,pledge receivables with receivables assigning and factoring,and concluded that the nature of pledge receivables is general creditor right pledge.At the same time,the particular features of pledge receivables and the common features of pledge receivables and general creditor right pledge are analyzed.In the second chapter of the common law and civil law countries, the representative system of accounts receivable were pledged comparison, by comparing the two legal systems of the relevant requirements in respect of accounts receivable were pledged Analysis.The third chapter in the study of foreign legislation, based on the legislative situation in China was analyzed, and noted that the value of accounts receivable pledged property, the subject of the scope of the establishment, implementation and other aspects of the parties the right to remedy the defects. Pledged to improve the accounts receivable below the foundation.Chapter III of this chapter, we pointed out the defects of accounts receivable were pledged by improving the measures and to the rights of the parties of conflict may arise between the design of the conflict of interest resolution mechanism.