On Floating Charge

With globalization of the world economy development and the continuous deepening of reform and opening up, domestic enterprises obtain a rare historical opportunity, also faced with a stern challenge. As market competition intensifies, the scale of a enterprise has become increasingly important. The growth of large-scale for enterprise cannot realize without financial support. Thus, financing has become an important guarantee for enterprises to expand the scale of production. To adapt to massive market financing we need effective ways of security. The guarantee ways that our guarantee law provided have been unable to fully meet the security needs of corporate finance. Many enterprises have started to try to practice some new ways to satisfy the demand. Faced with these new social phenomena, laws need to make timely responses.This article, in keeping with this trend, introduced a new kind of the security system-----floating charge. It gives a comprehensive exposition for the emergence of this system,and proposed some suggestions for the transplant to our country, hoping to benefit the establishment of this system in our country. This paper is divided into four chapters.The first chapter describes the system of floating charge. This chapter first introduces what is floating charge, the origination and development of the system and its historical origins. Taking into account the common law tradition, in section 3 of this chapter highlights the features of the floating charge.The second chapter contents the establishment and the potency of floating charge. This chapter take the English law of floating charge as a foundation, unifies the US, Scotland, Japan, to narrate the establishment, the registration for floating charge. The essential link - crystallization is key narrated.The third chapter, from the perspective of law and the social value system ,gives floating charge a rethink, comes to a conclusion that floating charge system is a product of social development.Chapter 4 is the principal aim of this thesis. First, it discusses the need to transplant floating charge system in China. Second, The legal obstacles to China's transplant of floating charge system. Third, The author proposes a system of floating charges in the appropriate conditions.