On The Floating Charge

With the deepening reform of social constitution and the continuous development of the market economy, Chinese economic development increasingly integrated into the world economy which followed by a national economic development and economic operation of certain law of the interaction between the countries in the world ever closer economic ties to promote economic development in a variety of useful system, learn from each other, floating mortgage system is originated in the West under the common law of a mortgage system, to play in economic development had a huge role.It was first in the early nineteenth century, floating mortgage system in the United Kingdom has emerged, with a strong finance because of its effectiveness, is now in common law countries has been widely used, while some civil law countries also adopted. At first, the British companies in the market to address the financing problem in its national legal system in the first of the floating charge. And now, the legal system in the UK more than a floating charge system has been considerable development and further improvement, and in many other countries have also been recognized, such as Japan and the United States in the development of a floating mortgage system is also relatively healthy. In China the market economy and the rapid development of foreign trade, in practice, with the floating charge as security in the form of cases in our country is already there, at the same time, China adopted the "Property Law" established a floating charge system in our country the legal status of the system of legislation on the introduction of floating charge as a new way of security, the exists in our country is necessary, in the current situation, China needs to resolve this security of corporate finance difficult problem."Property law" to guarantee floating charge form valid in our country, such a system without transferring the mortgagor's possession of the property, and the mortgage within a certain range to free to dispose of the mortgaged subject matter. The advantage is neither affect the daily business activities and also facilitate the financing of enterprises, the disadvantage is the intensity in terms of protection of creditors is relatively thin compared to the fixed charge. The new security system to increase the market of the main means of financing and financing channels, but also improve the ability of banks to control risks.This article is divided into five chapters of the floating charge system discussed. The first chapter introduces the basic theory of floating charge system. After introducing a system of floating charge, for the note and its perfection in practice issues, academia and industry began to actively study and discussion, it is because a variety of floating nature of the mortgage system in the realization of the process of floating charge their different understandings of the people which has made the floating charge system in China triggered a very strong argument. This chapter in the floating mortgage system first introduced the basic theory of its origins, concepts, characteristics, and then introduced the floating charge system compared with other security methods, the final analysis of the floating charge system and the value inherent in the application at home and abroad and Our legislation provides for a floating mortgage system.The second chapter describes the operation of the floating charge and the difficult issues of its floating mortgage system run by the establishment, registration, implementation and sleep of the four stages to complete. After the establishment of the mortgagee and mortgator need the registration of public notification, its establishment does not exclude the mortgagor of the subject matter of the rights of possession, use and disposal, therefore, secured the subject matter changes over time The total value is constantly changing, which is a dormant period, until the ultimate realization of the floating charge, the mortgage of the subject matter was determined. System in the floating charge pledge to give full play to the subject matter of its effectiveness to make the best use purposes.The third chapter analyzes the financing capacity of the floating charge system and risk prevention. Floating charge system and the system with its advantages of flexibility in the economy played an important role in practice. System of floating charge security interest in the development in line with modern trends, in our "Property Law" in the introduction of floating charge system will break the security of the traditional way of financing activities confined to the legal obstacles for financing development. Floating charge system and risk financing problem are the contradiction of the process of floating charge system implemented, strengthen the financing capacity of the mortgagor, the mortgagee is often accompanied by increasing risk; if the funds to ensure the safety of the mortgagee, mortgage financing and human behavior in business are subject to certain restrictions. Therefore, a good solution to the problem of the financing and risk floating charge system to implement in practice is the key to good or bad and is the mortgagor and mortgagee to achieve "win-win" situation critical.Detailed analysis of Chapter IV System of floating charge. Practice floating charge system in China is still relatively short time, there are many areas for improvement, both from the macro and micro analysis of their sound, but also on improving the security of a floating regime.Chapter V of the introduction of floating charge system, a detailed mechanism of thinking, the system of a floating charge for the development of environment and floating mortgage system in the concrete being used have been introduced.