The Legal Analysis About The Pledge Right Of Financial Products Of The Commercial Banks

With the gradual development of the market economy and the financial market in China, the updating frequency of financial product also accelerates all the time. In particular, under the background of a huge bear market and continuing downturn of the stock market,finance products become the majority of investors’ favorite with the advantage of high stability and low risk. Therefore,the majority of citizens choose financial products as one of the major investment tools with the variety of financial products.In recent years, with the rising of personal financial products, banking institutions begin to expand custome resource through various marketing channels. To dispel the concern of financial products not being able to be redeemed; some banks offer financial products business being able to be pledged to improve the mobility. Some disputes arise in practice because of the lack of specific provisions of laws and regulations.Shenzhen Intermediate People’s Court ried a dispute of the pledging of the financial products, whether financial products can be treated as collateral and the elements of the establishment became disagreement in the first instance and the second instance. The lack of legal recognition of their financing function will be the obstacle of its further development. There are only six kinds of subjects of pledge in the Section223of "Property Law" of China. Due to the lack of legal backup, legal malpractice and other publicity methods will lead to commercial banks neither not being able to stop the judicial organ’s freeing and deducting, but also not being able to realize the priority of compensation. Some banks offer a pledge of financial products business in reality, and they will face the risk because of "tightrope " approach in law.The management of bank is conscious of the awkwardness of Pledge of financial products. Ma Weihua, the president of China Merchants Bank, recommended that the nation should pass legislation to firm commercila bank financial products’s legal staus as pledge goods.which can strengthen the vitality of financial market. Therefore this paper introduces the difficulties of the pledge of financial products and provides short-term and long-term solutions for reference. The paper is divided into five parts. In the first part, the paper introduces the background and significance of the pledge of financial products. Some banks have set up this business, if financial products cannot be legal as early as possible,the trading value of financial products will be affected. Finally, and the development of the financial market will be terrible in China. The development of the rights of pledge in china, as well as the research status in the civil law and the law of E. U. and U. S prove that the pledge of rights system have developed long years, which have a wide range,which should include make financial products.And this part also generally describes the structure and research methods.In the second part, the paper describes the basic theory of commercial bank financing products, and introduces the concept,development status and legislative status of the subject as a pledge of" commercial bank financial products ",which makes the reader recognizes the financial products as special financial products,reflecting commercial banks sign a purchase agreement with the buyer to realize the asset management of client funds, and to provide appropriate return on investment,In the third part,the paper unites the difficulities of the pledge of financial products in practice in our country at present,and analyzes the four major legal obstacles, such as the lack of legal basis,the statutory publicity method having not been established, commercila banks’ priority right for claim being difficult of realize.In the fourth part, the paper judges the legal ownership of the pledge of personal financila products.According to the essence of financia products as creditor’s rights rather than specific currency, it should not be treated as pledge of movables. From then pledged receivables, deposits pledged to explore, such as the right type of trigger, the first analysis of the characteristics of the right to pledge that pledged financial products meet the requirements pledge of rights, whether vested subdivided and receivables pledged or secured by deposits, come closer to pledge receivables conclusions.The paper focuses on solutions about personal in the last part. The pledge of financial products is not illegal now, and it cannot meet the public requirements. However, with the rapid development of market economy, we should address these problems. In the paper, it suggests plans to solve the problems must be implemented step by step. We should improve the existing mode of operation in the short term; term financial products can be created pledge registration system, and the eventual establishment of a unified national pledge registration system. We should create a system of personal financial credit, promote the pledge of financial products to be legal and promote the development of the innovation of financial sector.