Commercial Bank Deposit Accounts Pledged Legal Issues

Margin accounts with commercial banks pledge as a way of right guarantee, is produced and developed to adapt to the needs of modern economic activities and financial business development, have very important meaning for the capital financing. Compared with other pledge, in the realization of the right of pledge without auction, sale procedures, can be directly realized, characteristics and convenient storage, such as small risk, so welcome from all sectors of society, in the financial institutions of the loans have been widely applied in. Both academic and judicial circles have questioned what the financial sector, but such guarantees are getting more and more popular, with the continuous development of financial business, the margin account pledge has been widely applied to many of the financial business, in addition to bank acceptance deposits, issuing credit margin and other conventional deposit, currently in the housing mortgage loans, automobile consumption loan, guarantee business also appeared in the customer margin deposit as a pledge to provide security for the bank. Since China has not established that the pledge of account system, and the current system is not clear, is not perfect, causing confusion in the use of practice, domestic scholars have not paid enough attention to, research results in this area very little.In this paper, combined with the practice, the first part discusses the present situation of China’s commercial bank deposit account pledge that problems. The second part discusses the nature and characteristics of the commercial bank deposit account pledge, in this part, the author margin account pledge is a pledge of rights in nature, and focuses on the floating characteristic of the pledge. The third part write margin accounts of commercial banks pledge set, which gives an overview of the pledge of publicity, and put forward the author’s suggestions to perfect publicity system. Finally, for the implementation of margin accounts of commercial banks pledge rights are described, and emphasizes the particularity of the pledge rights realization ways, namely the commercial bank from the margin account directly deduct the ways to realize the pledge of rights. Discussion and analysis, the author believes that through the above content, margin account pledge as collateral is real demand for a wide range of, and legal basis and theoretical basis, so as to put forward the legislative suggestion, proposed the establishment and improvement of China’s margin account pledge legal system, including the clear publicity, registration, confirm the margin account funds according to the agreed to float, so as to regulate market behavior, and reduce the lawsuit cost, promote the economic development.