Reserch On System For The Floating Charge In China

Floating charge system is an important and special security system created by theBritish Court of Chancery, after hundreds of years of development and the formationof by-walk, continues to mature. Floating mortgage system will help improve thebusiness of its financing capacity and improve the economic efficiency of circulationand avoid bankruptcy case of mortgage and other advantages to be accepted by law inmany countries and regions in the world, and was "very convenient" form of praiseguarantee.Conform to the requirements of the modern market economy continues todevelop, follow the development trend of the international security system in2007,"Property Law" provides a floating charge system with Chinese characteristics,making floating charge security interest in our legal system has a place within theframework of this is a system of substantive progress in the modernization of China’ssecurity interests, and is a major initiative of "Property Law".While China’s "Property Law" for the establishment of movable floatingmortgage system is a major intake walk of legislative, however,"Property Law"enacted since the implementation of the operative situation floating mortgage systemin practice is not ideal, did not play in corporate financing its proper role. The reasonis mainly related to inadequate supply of floating mortgage system,"Property Law"designed to compare the principles of floating charge system, the provisions are toogeneral and simple operability is not strong, and there are many defects, insufficientuse of socio-economic activities floating mortgage financing to provide specificoperational guidelines, prone to risk the safety of transactions on such mortgageeexclusion applies to floating charges.Floating charges only involve sophisticated technical specifications, but alsoabout the complex system design. In view of the floating charge system in securedfinancing problems exposed, improve our floating mortgage system should beestablished body of floating charges should be strictly limited to the company, andexpand the scope of the object floating charge will float from property rights includedobject range mortgaged, pledged to introduce a floating system receiver, a receiverand a floating mortgage qualifications and privileges, election mechanisms, rights andobligations, legal responsibility to make clear rules, To give full play to the floatingcharge system should function and advantages, satisfy the needs of enterprises,especially SMEs financing and promoting sustainable development of China’s economy.