Commercial Bank Financial Products The Pledge

Since August2004, at the beginning of China Everbright Bank’s "Sunshine Financial Plan B", Financial products of China’s commercial banks began its rapid development of the course. The financial products market just started in2005, released about177.5billion yuan of financial products. In2006,1235kinds of financial products, valued at404.6billion yuan, were representing an increase of128percent over last year. With the introduction of a series of rules and regulations of the2007,such as "Commercial Bank Financial Services Risk Management Guidelines""Financial Management Services Interim Measures", and "the valet outside financial", financial products market of Commercial bank was being in the explosive growth, the scale of issuance of which sized up to819billion yuan, and became the first issue size of financial products in the financial market, and in the next few years was remaining a high-speed growth rate. The issue size in the first half of2008over the full year2007, issued a total of7799, totaled to2.3055trillion yuan. Financial products in2009were constantly enriched and improved, the number of increase of which over the previous year about20%, and come out in a almost daily average speed of25kinds of one. Compared to the7831models of2009, it gave an increase of47.81%in2010, and compared to2010, it increased by97.0%in2011, and the expected rate of return has increased. Obviously, Commercial bank financial products have become a major investment in our people.In such a rapid pace of development of China’s commercial banks financial products, the blank of Pledge of financial products in law undoubtedly hindered its further development, and the finance function can’t be given fully. In practice, in order to enhance the mobility of capital of financial products customers, many commercial banks have opened a business of pledge of financial products in commercial banks, Such as "China Merchants Bank","China Everbright Bank","Minsheng Bank","Shanghai Pudong Development Bank". But the item223of "the China Property Law" only explicitly enumerates six kinds of rights which can be the subject of a pledge. In addition, only the rights regulated in the law,the administrative regulations can be pledged. But there are no such rights in relevant laws, administrative regulations on the commercial banks pledge of financial products. In accordance with the legal principle of the property rights, in the case law does not specify the financial products, which can not be used as pledged property. Thus, during the two sessions in March2008, China Merchants Bank President Ma Weihua submitted proposals on permitted pledge financing to commercial banks financial products, Urged countries to allow commercial banks to start the pledge of financial products, so as to create conditions to increase the public’s property income. So in the existing legal frame work, whether the pledge of financial products commercial banks is viable, and if it’s viable, then how to build such system. In order to prove it, I will gradually carry out the course.First of all, in order to enable readers to have a clear understanding of the financial products of commercial bank, I briefly introduced "financial products of Commercial Bank " which is the subject of pledge in the first chapter, including its concept, types, characteristics and development overview. Chapter Ⅱ is an overview of pledge of financial products of the commercial banks, in this chapter, I briefly describe the concept and development status of pledge of financial products of the commercial banks, and give further interpretation integrated the financial products status in the first chapter, point out the need for commercial banks "pledge of financial products".In the third chapter, according to our current relevant laws and regulations on the rights of pledge, the author Systematically analyses all the legal obstacles about the commercial banks pledge of financial products. Then I conclude the contents of the first three chapters in the fourth chapter, and gradually discuss the feasibility of the commercial banks pledge of financial products. In the last part of this article, the author discussed the way of system design of the commercial banks pledge of financial products in detail from the system design level, namely the expedient measure:the analogy applies to "the pledge of accounts receivable" and the long-turn solution:the development of the legal system of commercial banks pledge of financial products.