On Legal Issues Of Charging Rights Pledge

With the development of community economy, charging rights pledge has become an important means of financing for lots of large projects and a hot spot widely concerned by the banking industry as well. In practice of China, charging rights pledge has been largely utilized as loan guarantees for the following reasons. On one hand, charging rights pledge is commonly considered by the banking world as a great guarantee for the safety of funds for extending credit due to its low cost and high efficiency; on the other, charging rights pledge enlarges the ways of financing and provides funding support for many large projects and thus boosts the development of community economy.Charging rights pledge is still fresh in China with relatively poor theoretic support and practical operations. At present, China's legislative standards regarding charging rights pledge is not of consummation yet, and we can find them among a series of judicial interpretations, departmental rules and regulations and regional laws, immethodically and with low authority. The study of charging rights pledge has its theoretical and practical significance to some extent for its importance in China's infrastructure and its low process in legislation.In terms of the nature, Charging rights can be divided ualsal charging rights,administrative charging rights and operation charging rights. From the perspective of right pledge of rights, the operation charging rights and some of administrative charging rights meet the conditions and can be pledged. The charging rights pledge is a pledge of independence of the new rights which should not separate it as a kind of pledge or other rights attached to pledge collateral. Construction of the toll system for the right to pledge, the civil law, common law countries give a lot to learn from our experience and broaden the horizons of our theories.The thesis points out the existing risks in China's charging rights pledge considering China's legislative actuality after rounded analysis and strengthening key points, and offers legislative advices to guard against these risks for the regulation of charging rights pledge. It puts forwards pertinent measurements against risks about the legislation and operations of charging rights pledge in China.