Floating Mortgage System Research In China

This article undertakes a specialized research on China’s floating charge system, mainly using the method of economics of law and comparative analysis methods. After analysing from double perspective of economics of law and jurisprudence, the authour thinks that introducing the floating charge system to our country is correct.At the same time, this article also confirmes that the problems exsiting in the floating charge system can not deny the value of the system itself. On the contrary,we can solve the problems from improvement of the system. Thereafter,the authour researches on the present situation of China’s floating mortgage system, respectively from comparative analysis of domestic and foreign floating charge system, as well as the matching degress analysis of intruducing floating charge system to our country. Finally, the authour finds the problems exsiting in the floating charge system as follows. The subject is too broad. The range of collateral is small. Registration system is not perfect.The law of our country is lack of mortgaged property monitoring.Effectiveness of order needs to be sorted out. It is also lack of help measures. To solve these problems,the author thinks they should be improved in the following aspects. Limit the range of the subject, from excluding "individual and industrial and commercial door "and" agricultural production operator", only retaining the "enterprise". Expand the range of collateral, on the basis of retaining the existing collateral, expanding the range to real estate, intellectual property, trade secrets, stock and creditor’s rights and other property. Perfect the system of registration, from unifing registration and clearing registration effectiveness and method, as well as specifying alteration registration and identification of registration. Strengthen the mortgage property monitoring, from introducing the third party supervision mechanism and tax information reflecting mechanism. To enrich help measures, the law should allow parties to establish restrictive clauses and provisions of punitive damages.