Research On Pledge System Of Shareholding In China

Pledge of shares has become a kind of important financing in modern economy system, we have our Chinese Equity pledge system, but the system can not be fully implemented in practice requirements. This paper is aimed at deeply study of China's system to be supplemented and improved. For that, this paper has a comprehensive study in basic theory of the right quality and specific system, at last, this paper gets its own conclusion. Besides the last part of conclusion,this paper can be divided into several parts as follows:In Part one, the study focuses on the basic theoretical issues of shareholding pledge. Firstly, this paper defines the concept of the right quality of stock by a historical and comparative study of the concept of equity. Subsequently, there are many disputes in the nature of Equity, this paper focuses on analysis of existing doctrines one by one, and has a historical study, and researches the difference in nature between mortgage system and Equity pledge. At last, paper has its own conclusion:"Equity pledge"is a kind of Pledge. Finally, From a practical point of view, the article concludes the characteristics of the system,and explains its value for our society.As one of the focuses of this article, the second part mainly research of procedures for setting up. As the liquidity of equity, identity, their inconsistency with the funding and so on, a quality range of equity which can be pledged is the based issue to research the procedure, paper has a comprehensive study in the necessity and possibility of all kinds of shares, at last, I define the relative reasonable range of shares which can be pledged. The other difficulty is how to sort out the issue of modalities of its publicity, our existing mode of registration is not perfect both in theory and practice. So in this paper, I want to build a new mode to ensure both the efficiency and safety in which registration and delivery can be use flexibly.The third and fourth parts focus on the effectiveness of Equity pledge (the actual realization of the right quality is also a kind of effect, so be out of). Effectiveness of the system is a power to parties and objects, during the existence of legal relations, so following this line, paper defines a reasonable range of the system effect, including rights and obligations of pledgee, rights and obligations of pledger, and what objects included. The realization of right is the key to achieve purpose of the system, so this paper researches the realization of all kinds of shares.