On The Pledge Of Accounts Receivable

With the further development of market economy, the credit guarantee of china has broken through the bonds of traditional immovable property and movable guaranty and established the pledge of accounts receivable for adapting to efficient and diversified needs of Social economic. It ensures the security of creditor’s right. The pledge of accounts receivable is a kind of behavior for security of creditor’s right. And it provides security with accounts receivable of the debtor or the third person. Its essence is the use of cash value of accounts receivable early and accelerating capital return of enterprises. So it provides the sufficient cash flow, saves the cast of managing accounts receivable and improves the operating efficiency of enterprises. At the same time, the pledge of accounts receivable overcomes the drawbacks with registering as a public way that the pledge of movables prevents the debtor to manage enterprises due to transferring the possession of movable property. The innovation of guarantee system on accounts receivable will promote the reform and innovation of legal system. The innovation of the guarantee legal system will standardize and guide the development of the pledge of accounts receivable in turn.In addition to the introduction and conclusion, the full text divides into four chapters.The first chapter is the pledge of accounts receivable and its system value. The establishment of the pledge of accounts receivable and its value orientation were discussed. At first, the establishment of creditor’s right circulation and property status has laid a solid foundation for the circulation system of creditor’s right. So the accounts receivable has qualitative condition as one of creditor’s right. Our country promulgated and implemented the" property law"," measures for the registration of pledge receivables" through investigating and demonstrating the feasibility on the pledge of accounts receivable, drawing lessons from the continental law system and Anglo-American law system about the pledge of account receivable. Our country has established the pledge of accounts receivable. Secondly, the pledge of accounts receivable as the subordinate concept of pledge of rights carries safe, fair and efficient value in order to give full play to its financing function of guarantee, balance relationship of pledge interests.The second chapter is the predicament of the pledge of account receivable in current. The construction of pledge system about accounts receivable immersed in predicament is that the pledge system of accounts receivable supplies deficiency at present and the pattern of "Common law for the use, Civil law as the body". The value of safety, fairness and efficiency on the pledge of accounts receivable is difficult to achieve. First, the pledge system of accounts receivable is particularly insufficient in dealing with the problems of accounts receivable. Because the current law has general provisions to the pledge of accounts receivable and the effective level of relevant rules have restricted it. Secondly, for the legislative mode of "Common law for the use, Civil law as the body", the system of pledge of accounts receivable is immersed in contradiction between the system of property law and legal concept of account receivable. Thus, the contradiction has become the root of all existing problems on the pledge of accounts receivable.The third chapter is the problems on the pledge of accounts receivable in operation. With the legal status of the pledge of accounts receivable determined, it speeds up the development pace of the pledge of accounts receivable. But there are a lot of problems due to insufficient supply of system and the contradiction between legal system and legal concept. So it causes the order chaos of the pledge of accounts receivable. The safe, efficient and fair value of the pledge of accounts receivable is difficult to achieve. First of all, there are a variety of standards in the pledge object of accounts receivable. It concentrates two aspects between beyond the provisions of the regulations and future accounts receivable. In view of some disadvantages of the absolute affirmation or negation the pledge of accounts receivable beyond the regulations, the standard in the pledge object of accounts receivable, should be build on basis of public interests and private interests In practice positive and negative opinions on future pledge of accounts receivable coexist, so it is urgent that the law defines the connotation and extension of the future pledge of accounts receivable. Secondly, basing on the concept of the real right and the transfer security of creditor’s right, our country has set up the publicity system on the registration of pledge receivables through analysis the advantages and disadvantages of other national public system. However, due to the influence of the idea of national legislation by transplantation, there are two kinds of modes on the validity of the registration on pledge receivables in practice that are registration and registration antagonism. Because of the simple legal sense, take registration. If taking the registration confrontation, it can comply with the division system of real right and creditor’s right. And so it can fully respect the autonomy of the parties, dissolve the contradictions in interests. At the same time, adhering to the principle of public trust and real right, the registration of pledge receivables should have the combat effectiveness and credibility. Also the realization of the pledge of accounts receivable is difficult according to the implementation of real estate. In addition to there is lack of implementation mechanism of the pledge of accounts receivable. The conflict of accounts receivable pledge and guarantee, the right to offset, the effective judgment of court has no legal basis to solve. It lends to legal order in the chaos of the pledge of accounts receivable.The fourth chapter is the system perfection about the pledge of accounts receivable.There are problems which are the plurality of object identification, the public effect on registration as well as the lack of realizing mechanism about the pledge of accounts receivable in practice. So it should take measures to improve the existing legal system of the pledge of accounts receivable through the guidance of safe, fair and efficient value. First, the contract on the pledge of accounts receivable shall meet the formal requirements and essential requirements. It should clearly define the object connotation of the pledge of accounts receivable and extension by the form of legislation to prevent disputes. Secondly, adhering to the principle of public trust and real right, it should give the registration of pledge receivables combat effectiveness and credibility. At the same time, establish advance and overall registration system to standard the content of registration. Ensure interests of relations about the pledge of accounts receivable. Once again, clearly define the difference between accounts receivable and movables, and give the direct right of claim to the pledgee. At the same time, the law should clearly stipulate the priority of realization about the pledge of accounts receivable and guarantee, the right of offset, the effective judgment of court. It can resolve the conflict of right in the rights of survival and ensure the value of accounts receivable pledge to achieve. The innovation of this paper lies in the value orientation as the main line which is the safety, fairness and efficiency of the pledge of accounts receivable. It penetrates from beginning to end in order to highlight the value orientation of the pledge of accounts receivable in theory and practice. At the same time, take a method of theory with practice, swallow anything and everything, and progress to explore the root of problems about the pledge of accounts receivable. At last, put forward to legal advices which perfect the system about the pledge of accounts receivable. So it will promote the pledge of accounts receivable rapid development and solve the financing bottleneck in modern society.