Certificate Of Deposit Pledged System

As a kind of negotiable securities pawn, the deposit receipt pawns produced and developed for the needs of adapt the development of social economy in the near modern age. Along with the development of social economy, and the right securitization obvious day by day, enables the deposit receipt can achieve the aim of guarantee, and financing by pledging, and moves very conveniently and quickly. The status of deposit receipt pawns in the modern economic society to be not allow to neglect. Our country pawns system's legislative stipulation to the deposit receipt to manifest in related laws and in the other related financial laws and regulations. But inspected its stipulation, there is still many oversights and the appropriate place incompletely. Therefore, author hoped that through the combing of deposit receipt pawns system to the existing law, to propose her own view, in order to improve the legislation of deposit receipt pawns system.This article altogether divides into three parts, approximately 19,000 characters:The first part, the discussion of deposit receipt's nature, which is the entire argument foundation. Firstly, introduced the deposit receipt's definition and classification; Secondly, analysis on whether deposit receipt have the bill's nature, and get the conclusion that the deposit receipt do not have the bill's nature; Thirdly, compared "the real right " nature said" and "the creditor's rights nature said" of the deposit receipt's legal nature, and gives the affirmation to the view of "the creditor's rights nature said ", and points out the difference between deposit receipt and the real right negotiable securities and the ordinary creditor's rights existence; Fourth, introduced the certification of deposit receipt, and pointed out that the deposit receipt must follow the general rule of the creditor's rights portfolio transfer; Finally, discussed the authentic issue of deposit receipt, definitely admit the deposit receipt's realistic should rest on "the dual authentic principles". Synthesizes the elaboration of this part, the deposit receipt is one kind of Securitization creditor's rights certificate which based on the deposit relations with the bank, does not have the bill's nature. The full paper's elaboration will take this as the foundation.The second part, analysis the acquisition of lien of deposit receipt. This part mainly analyzes the following content: First, the litigant and the third person of the deposit receipt pawns, the litigant is the pledgeor and the pawnee, the third person is deposit receipt debtor which is the financial organ ; Next, the hypothesis behavior of the deposit receipt pawns, which including the form document of the deposit receipt and the contract activation ; Thirdly, Through accessing the regulations on the certification of deposit receipt in "the People's Republic of China Reality of laws" ,the author puts forward the amendments on the conditions of affirming the certification of deposit receipt in the People's Republic of China Reality of laws".nature power establishment of the deposit receipt, the author proposed to avoid many questions which exists in the deposit receipt pawns, should establish the Verified pledge procedure that in the deposit receipt pawn system, and takes it as one of the important document of deposit receipt pawns, and had expounded the reason and the preliminary Verified pledge programming; Finally, the related questions of the deposit receipt pawns in the hypothesis behavior, mainly has the problem that pledgeor do not pledge by his own deposit receipts, the forbid question of "the fluid medium provision" that in the deposit receipt pawns. Through the analyses of this part, author pointed out when the deposit receipt supposes the nature must have one kind of procedure that be able to let the financial organ participate in, I order to avoid the dispute which caused by the particularity of the deposit receipt pawning.The third part, introduced realization of certification of deposit receipt, draws out the deposit receipt slight defect question in the deposit receipt pawn. This part mainly has the following content: First, the realization of certification of deposit receipt, which including three situations of the certification of deposit receipt realization and the exertion of the request the power to the deposit receipt; Next, the question of false deposit receipt, which introduced the dealt of the existing law to the false deposit receipt, and analyzes the question exists in it.Finally, analyzed the question that after the establishment of the deposit receipt pawns Verified pledge procedure, the financial organ's responsibility that pledge by the false deposit receipt. Through analysis, The author thought: First, by the false deposit receipt, even if has passed through the Verified pledge of financial organ , the contract also to be invalid. Second, regarding that the Pawnee does not know the circumstances of the matter, detains the false deposit receipt that Verified pledge by the financial organ, the financial organ must undertake the guarantee responsibility. Third, detains the false deposit receipt that Verified pledge by the financial organ nucleus, its guarantee responsibility should remove the situation that the Pawnee knows the circumstances of the matter.