On The Improvement Of Chinese Lfoating Charge

Floating mortgage system was constructed by the British firstly, followed by countriesaround the world have adopted this system,combined with their own national conditions wascarried out localization, established their own distinctive floating mortgage system. Floatingcharge is secured in its own now or in the future to obtain all or part of the property for thecreditor to provide security, mortgage people still enjoy freedom of their right to dispose ofthe mortgaged property, so that the mortgaged property is in a floating state of flux, whenthe statutory or agreed event occurs, the mortgaged property by the floating state to state afixed mortgage system. Compared with the general security, its main feature is the floatingof the mortgaged property, properties can be transformative, but the most unique is that aftersetting a floating charge, mortgage still be free to dispose of their mortgaged property, theproperty can take advantage of its overall continued production and business activities,making use of business property value can be fully tapped. Floating charge collectionefficiency of the system, freedom, security, three kinds of values in a, as a British creationof an equitable one of the most sophisticated and highly respected banks, but also broadenthe financing channels for enterprises, truly the best use. Property Law of matter was firstintroduced in2007, has a floating mortgage system,which for the Improvement of the securityinterest system, and promote China’s economic development has important practicalsignificance.However, it is undeniable that China’s floating charge system is still in its infancyin many ways, there are still many problems to be solved.Except the introduction and conclusion,this addition is divided into four parts.The first part is a floating mortgage system overview. This section focuses on the basictheory of floating mortgage system were discussed, including the concept of a floatingmortgage system and characteristics of the evolution of a floating charge, floating charge andfloating charge on the theoretical basis of analysis of the pros and cons.The second part is the system of the floating charge. From the perspective ofcomparative law in the UK, USA, Japan floating mortgage system were compared andanalyzed by comparing the three countries identified floating charge system defects anddeficiencies, and on this basis, draw a perfect floating mortgage system of some enlightenment, including the establishment of norms floating charge collateral subjectand scope, improve the registration and receiver system, a clear priority rules.The third part is the floating mortgage system status and improvement. This part of ourcountry’s first floating charge on the development status of the system are described in detailand compared on the basis of foreign advanced legislation that the floating mortgage systemin our country the main problems, namely the main scope is too broad, too narrow object, theregistration system not perfect, the lack of restrictions on the rights of the mortgagor, receiversystem are missing, not clearly defined floating lien priority.The fourth part is a perfect system of floating charge several recommendations, including:strict limits set floating charges subject scope, expanding the scope of the object floatingcharge, reasonable restrictions of freedom of disposition mortgagor, perfect crystals floatingcharge system, the introduction of a receiver system and establish priority rules.