On The Equity Pledge

Although the system is the pledge of equity security system in a small, but its content is related to economics, law both in the field of science, covering property law, creditor's rights law, company law, securities law and other areas, is a Very comprehensive, very abstract issue. With the continuous development of market economy and the stock market gradually developed as a result of equity pledge reflects the ontemporary law to take advantage of the Center for the values in the modern economic and social development also highlights the importance of the pledge due to stock liquidity, the easy-to-cash , And other characteristics of China's increasing importance. But with China's rapid economic development is incompatible with China's pledge of the equity system is lagging behind, there are a number of relevant provisions of the shortage in 2007 to develop and implement the law were made, although a unified standard, there are still many problems to be further study .This article is divided into the following five chapters.The first chapter outlines for the equity pledge. respectively on the concept of equity, the nature and content of the concept of equity pledge, the nature and characteristics of the basic problems of China's pledge of the equity situation of the legislation reviewed.The second chapter to the subject of equity pledge. First of all, this chapter of the shares pledged to study the subject, pointing out that property and is transferable pledge stake is the object of elements from the scope of the subject, suitable for equity based on the quality and equity of the restrictive provisions of the pledge to explain .Chapter III of the equity for the establishment of the pledge. First of all, this chapter in a different type of stake in the company's pledge to start setting up the discussion from the pledge of the equity stake and the establishment of the right quality of the entry into force of the flaws in the effectiveness of the pledge of shares that a number of special problems such as the pledge of the equity of the establishment of an analysis on China's final Equity pledge to set up a system to conduct a review and discussion.Chapter IV for the stake in the effectiveness of the pledge, the pledge of shares is the core of the system. This chapter discusses the security pledge of the equity issue of the scope of claims, cross-effectiveness, as well as pledgee, a pledge of quality people in the legal relationship of rights and obligations.Chapter V shares for the realization of the right quality and equity of this chapter, the realization of the right quality of the concept of equity as well as the conditions for the realization of the right quality of the analysis and discussed ways and terms of the effectiveness of the liquid and bound over whether the impact on the realization of the right quality equity and other issues Expounded.