Study On Several Problem Of Floating Charge System In Our Country

The floating charge system originated in the British equity law, after100years of development, has gradually become an important financing method.Real right law of our country for the first time to carry out the provisions of the floating charge, is regarded as a pioneering work in Chinese history of property development, shows the great progress of our country’s real right legislation.Real right law of our country with three provisions of the construction of floating charge, including the establishment of main body, floating mortgage object scope, publicity registration and crystallization causes and so on.But compared with other security system and compared with foreign advanced legislation is not difficult to see, to build floating mortgage system in our country still has a long way to go.Provisions of the floating charge system is not perfect, resulting in its application in practice there are still many problems.For example, our floating charge system subject range, the object scope is too narrow, implementation procedure is not complete, to some extent limited the superiority of the application of floating mortgage, hindered the floating mortgage system in practice.The floating charge system needs further improvement has become an inevitable problem.This addition to the introduction and conclusion, is divided into four parts.The first part mainly through the comparison of floating charge and other guarantee way, certainly floating charge value and significance in our country to establish the superiority, floating charge compared to other means of guarantee.The second part is mainly about the floating charge system in China the problems are discussed on the basis of the first part.The main research of floating charge establishment subject problems, through empirical analysis and comparative law, obtains our country the establishment of a floating charge subject should be limited as the company, and individual industrial and commercial households and agricultural production operators out of the establishment of the subject beyond the scope of it.The third part is about the scope of the problem of floating charge object.In this part of the legislative status of the floating range of charge object in China and the scope of the object on the basis of foreign advanced experience in legislation on the object scope, points out that the floating charge system in our country is too narrow, should be appropriately expanded to adapt to the development trend, including the special property and receivables and other the property should be the object of our floating charge.The fourth part mainly studies the realization of the floating charge program, including the crystallization of floating charge, priority compensation problem and guarantee system when competing.