The Research Of Floating Charge System

Floating charge system is a special means of mortgage originated in the common law system, its financing effect is more obvious than other traditional mortgage pattern. And the floating charge system plays an irreplaceable effect in the field of security because of its own characteristics make it different from other traditional mortgage patterns. The<property law>in our country established the floating charge system for the first time, which provided a legal basis of the application of floating charge for us. But there are also various problems on the legal provisions of the related problems, because of the lack of legislative experience and the corresponding institution. In this paper, it will make in-depth understanding of the floating charge by research its basic problem. Find out the concrete method to perfect the floating charge system through investigate the operation of the floating charge process by studying the relevant provisions of common law and research the relevant provisions and the operation of the floating charge system in China. And thus make this outstanding system can play its full role in our country, solve the question for the related economic subjects, and provide more economic support for the economic development in our country.The superiority of floating charge is that it can provide funds while achieving the best use of the mortgaged property and at the same time its risk will produced. So the purpose of the study of the floating charge system is to give full play to the superiority of floating charge by the law regulated, and make the greatest degree prevention and control of the attendant risks. Achieve the floating charge' s finance function and at the same time guarantee transaction security, and ensure profit and avoid loss.There are five parts in this article, the first part is the exordium, it introduce the purpose and significance of this study, the research about the floating charge system and the scope and methodology of this article. The second part is an overview of the floating charge system, in this part it introduced the concept, the characteristics and the generation and development process of the floating charge, analysis the value of the floating charge in-depth, reveal its huge breakthrough to the traditional security, describe its enormous social and economic value. In the third part, it take the example of the provisions of common law system to describe the operation of the process of floating charge in detail, as the establishment and implementation of floating charge. Introduce the different regulated between American and English in the subject of application of the floating charge, the scope of the mortgaged property, the establishment of methods and conditions of registration of floating charge, the floating charge crystallization, the implementation and effectiveness on issues such as the priority of the different provisions. Point out the advanced approach in the two countries and accumulate the experience to improving the system of floating charge in our country. The fourth part of the article analyzes the relevant provisions in law and the operating conditions of floating charge system in our country, and finds out the problems that exist in the current legal. Include:the law is too general, the scope of suitable main part is too large, the scope of the subject matter less, lack of supervision during sleep, the registration system is imperfect, and the way of implementation is single, act. The fifth part of the article puts forward the related legislative suggestion according to the problems in the law by learn the best practices of common law system and the specific conditions in our country. Modify the lack in the current law and improve the system of the floating charge in our country gradually by establish and improve the supporting laws and regulations of floating charge system gradually, limit the application of subjects of the floating charge reasonably, expand the scope of the subject matter of the floating charge properly, ensure the rights of the mortgagee and strengthen the security to the mortgagor during sleep regulation, perfect the registration system of floating charge, establish a variety of ways to achieve floating charge. Make this kind of security can be used widely and played a dominant role in our country's economic life.