Study Of Floating Charge

China's Property Law was adopted at the fifth meeting by the Tenth National People's Congress, and it has been officially implemented in October 1, 2007. The No. 181, No. 189, No. 196 of the Property Law provides for the first time the floating charge system, the floating charge in relation to a fixed charge system has its own characteristics and advantages, but also because in our country it has just been approved to legal form specific provision is far too simple. System of a floating charge means, not a property law can be resolved, and other relevant laws and the system must support synchronization, this article is an attempt to cause the jurists' to pay attention to the floating charge, the development of relevant laws or system can be ensure that this new mortgage system to standardize and perfect.This article has more than 30,000 words, and it including the introduction, the contents, and the conclusion.Part of the body is divided into the following four parts:Part One: The floating charge in the history of the development of origin and the development of domestic and foreign. Floating charge system is the importance of equity security system in British, which in Roman law as early as infancy. The real floating charge system, during the middle of the nineteenth century after the formation of the United Kingdom has been transplantation in the United States, Canada, the Netherlands and many other common law countries. Some civil law countries and regions also set up a similar system. After the property Law was promulgated, the floating charge form of the law was established in our country .Part Two: The concept of a floating charge system, the characteristics of the system and the distinction of the other system. The Floating charge is set by the mortgagor of its existing and (or) the future of the whole or part of all movable, when a particular subject does not appear, the mortgagor is entitled to the scope of normal operations to dispose of the encumbered property, appear in a particular subject after the mortgagee to exercise the right mortgage, and the value of the encumbered property to determine a particular mortgage. Floating charge secured with floating objects, and secured the freedom of people dispose of property, leading to specific issues fixed collateral, the special nature of registration, and other characteristics. Floating charges in relation to other specific arrival (quality) have difference between charge systems.Part Three: The impact of the floating charge system in China since it was implemented. It is including the existence of a positive impact and the current deficiencies. A positive impact mainly on the mortgage, and mortgage institutions and the impact of registration; the current deficiencies including: the floating charge for the main charge was too broad, the scope of the floating charge for reducing the size of the object, of unknown ownership of some lack of the right to object the case of the provisions of the effectiveness of the floating charge is applicable to general collateral requirements.Part Four: The improve suggestions of the floating charge. Firstly, to expand the scope of collateral; secondly, the establishment of the main social security system, with floating mortgage credit qualifications linked to the main security mechanism; Thirdly, the introduction of common law system of the trustees; Fourthly, the use of legal provisions to give the mortgage the rights of the right to prevent abuse of the rights of the mortgagor; Finally, suggest the mortgagee to use the measure of the controlling risk, during the course of the floating charge.Conclusion: To sum up the full study of property law to a floating charge. Property law provision in this relatively simple, summed up, but it is a relatively stable legal system, if we modify the provisions of the floating charge, it is inevitable the seriousness and authority of its impact. We propose that the security law be revised when the floating charge on the system may be improved so that it can truly become an effective security system.