Charges The Right To Pledge The Legal Discussion

With the development of social economy and continuous creation on financial products,pledge on charging right as financing method has becoming a universal concern of banking.Since the rirst loan on the road charging right pledge issued by a commercial bank in Guangdong province in 1997,loan of pledge on charging right has become more and more common,and kinds of pledge on charging right has widen its application field from the initial road charging right pledge to countryside electronic network reconstruction charging,country polluted water resolution charging and the others.Pledge on charging right as a new kind of warrant way has become accepted loan method in bank industry.But the regulation of pledge on charging right has some obvious defects,the loans of pledge on charging right is risky,so it has strong practical guide meaning to study it.Pledge on charging right is a special kind of pledge on right with characteristics of particular subject,special object,and uncertain profits,strict program setting,particular realization of pledge etc.The essence of pledge on charging right is property guarantee.The object of pledge on charging right must has certain value of property,and should be transferable and controllable.Pledge on charging right is different from pledge on accounts receivables,pledge on accounts,pledge on usage right of real estate,and Pledge on creditor's right,and should be distinguished from the others.It analyzes the setting of the right of pledge,effect of law, realization of the right of pledge,and other law problems.It does research on the special characteristics,key issues and avoidance of credit risk of several commonly used kinds of pledge on charging right respectively.It proposes that the key compositional elements of pledge on charging right includes obtain of legal evidence of charge,signing of impawn contract,and disclosure in the way of register.Pledge on charging right has priority of payment,which is the most important effect of impawn.When there are multiple Pawnees on a same impawn, payment should be based on the sequence of registration.Judging from the characteristics of charging right,charging right is not suitable to repledge. Also repledge of charging right does not have practical meaning,and there is no regulation in law.So it makes conclusion that charging right could not repledge.Impawn is usually realized through two methods. Firstly,creditor control and exercise charging right directly,which means that creditor could exercise charging right directly according to common execution program and discharge debt by fee charging in the case that debtor do not fulfill the duty of payment.Secondly,creditor could get priority of payment by auction and sell of charging right,which means that creditor could get priority of payment by auction and self of charging right in the case that debtor do not fulfill the duty of payment.Presently in our country,regulation of pledge on charging right has some obvious defects,with some stipulations appearing in some judicial interpretations,departmental rules and regulations,and regional laws, which are inadequate and have low validity level.It proposes the ways to avoid law risk of pledge on charging right,which includes perfect law legislation,defines the kinds of pledge on charging right,unify register institution,and stipulate the realization ways of impawn.As there are lots of loans of pledge on charging right,the present law system should distinguish whether charging right could impawn,understand the pledge condition depending on facilities,reasonably confirm period and limit of loan,monitor fund on charging account,sign relevant complementary agreement,go through property insurance,and avoid loan risks.This part is the research objective of this thesis.