On The Floating Charge In Chinese Property Law

The substantive difference between floating charge and the fixed mortgage is the chargor has the right to carry on its business in the ordinary way.Before the crystallization of the floating charge,no matter the third party is or not in good faith,he would not be catched.If there was no perfect legal system to protect the chargee,the security interest would face much more risk. However, the nature of the collateral and liquidity of the floating charge has provided a more convenient way for the market players,and the floating charge is widely applied in the international community.Chinese Property Law established the floating charge for the first time,but the only three clauses just outlines the framework for a system, the superiority of it need to continued explore and the perfection of the legislation.This article based on the substantive characters of floating charge,and to protect the interest of chargee as the main line, combine the successful experience abroad and the conditions of china, to explore the way of the floating charge. This paper consists of three parts, Including the perface, body and conclusion.The pecific details described as below:The first part, the outline of the floating charge.This part uses the methods of historical analysis to introduce the process of establishing,the theory development and the situation of spread;then by the comparative analysis, concluded the substantive characters of floating charge.The second part, transplanted floating charge system by our Country. This chapter introduces the historical background and application status quo of the floating charge system in China, and analyzes whether to include the floating charge system in Chinese legislation and the system or not.The third part, the analysis of the floating charge in the legislation of China. This part is the main part of this paper. Firstly, this part corrects the misunderstanding of the name and the essential characteristics of the floating charge system. Then, it analyzes the subject, object, registration systems, fixed in "Property Law", and made its own analysis on the views of main broad, narrow object put forward by the academic world.The fourth part, the statue quo and perfection of the floating charge system in China. Though floating charge system has a long history, it is a new system in our country. Our Property Law of the floating charge system is too simple to bring a lot of risk in practical application. This paper presents the perfect proposal to deal with this situation.