This paper mainly studies the interbank deposit pledge subject and nature, the establishment, validity and implementation of four aspects, risk prevention.At present,we can’t find the direct aspect of monographs and papers on interbank deposit pledge, related research is still blank.The author using the normative analysis method, according to the inter-bank savings accounts receivable creditor’s rights and property, try to analysis from the perspective of accounts receivable pledge, combining with the relevant provisions of the creditor’s rights pledge; Also adopted the comparative research, on the bank deposit ownership and account receivable pledge system, adopts the Anglo-American law system and continental law system and legislative situation in our country to compare, and take this as the basis, discussing from interbank deposit pledge of establishment, effectiveness, risk prevention, supervision and other aspects theory and practice problem.In the interbank deposit pledge subject and nature, starting with the concept and characteristics of the pledge in the interbank deposit, discusses the feasibility of interbank deposit pledge; there are more controversial of the bank deposit dispute ownership in the practice, this paper explained in detail the legitimacy of the interbank deposit pledged bank deposit ownership from the angle.In the establishment of interbank deposit pledge, from whether or not to sign a pledge contract, whether delivered debt obligations and whether or not to register the details such as the elements of pledge. There are different opinions on the theory circle of our country, the interbank deposit is a more special accounts receivable, combined with the relevant provisions of pledge of obligation, in practice, signing a written contract as the constitutive requirements of the inter-bank deposit as a pledge, try to avoid the risk.In the aspect of implementation and effectiveness of interbank deposit pledge, mainly explain the constraint of the pledgee and pledgor the rights and obligations of the debtor’s discharge and the cancellation of third actions, and explain the interbank deposit pledge effectiveness to realize.In the aspect of risk prevention of interbank deposit pledge, on the one hand, analysis from the subjective and objective,on the other hand, analysis from banks, banking supervision and legal system three aspects, subjectively, banks should improve the risk awareness; objectively,should be to improve banking supervision law, at the same time, from the legislative style, the subject and pledge to set up regulations perfecting the system of accounts receivable pledge. |