Study On Legal Problems In The Depositpledgeg Of Credit Business

Credit business is an assets business of banking institutions. Nowadays their cash depositarrangementsas collateralarebecoming more common and give rise to much litigation controversy.However, only effectiveness of deposit pledge of intermediate business has special judicial interpretations andone provision of interpretation of the Supreme People’s Court on the Guarantee Law has become the main basis for judging whether the deposit is an effective pledge. This provision of this article is abstract, and in practicethe deposit prepared to nepledged is in the account of banking institutions,the pledgee, and there is no uniform standardof storing measures. Thestudy involves three main parts.The first part is analysis of China’s current theory on deposit pledge and it takes United States and Japan for example to introduce corresponding legal system abroad. According to the facts of deposit pledge disputesintroduced by the cases since the enforcement of interpretation of the Supreme People’s Court on the Guarantee Law, the deposit pledge can beclassedinto three types: deposit provided bythe borrowers or their related partners,depositprovide by guarantee companies, and depositprovided by the sellersin kindof mortgage.Second, by analyzing 116 sample casesand their business behaviors factors and the court’s corresponding judicialviews, the secondpart shows an analysis of features ofbusiness while showsgeneral judicial views and their differences. By referring the popular three elementstheory about the constitution of deposit pledge, this part analyses the elements of the constitution of deposit pledge and come up with a proposal to make the pledge effective under the existing rules.The last part is the reflection based on critique on the legal system of deposit pledge, inwhich, for the system itself, this paper pointed out that the system of deposit pledge should abolished and current operations of deposit pledge should be put into thecategory pledge of special accounts or of sealed money. In the long run, no matter the system ofdeposit pledgeor the system pledge of special accounts areestablished on thetheory thatmoney’s being put into the deposit account does not change its ownership, so whether they can be moved from pledge of movables topledge of right depends on when Chinachanges the existingtheory about the nature ofdeposit.This paper points that the mode of pool of pledge is theessence behind thephenomenon of arrangements relating this kind ofpooling in recent years. We should respect the current need in these arrangements and introducelegal relationship of trust to promote their development. Moreover, suggestions aboutdisclosure andother corresponding system and parallel systems such as pledge of deposit receipt are also put forward.