Study On Financial Products Pledge System

In recent years, with the increasing development of the rapid growth of the economy and financial markets, the financial awareness of people is also growing, more and more people started to invest in financial products, Commercial banks launched more financial products, which led to commercial banks financial products become a major investment, but most financial products is noncallable. At this point, if the holders of financial products are into a shortage of funds, financial products can play a certain role in financing guarantees. This not only helps to ease the short-term financing needs of the holders of financial products, but can full play to the property value of financial products, it is win-win move to the customer and the bank, therefore in practice a number of banks have launched a financial products business loans.In our current legal system, pledge of financial products is no legal basis, China’s Property Law comply with the Right Statutory, the type of property and content prescribed by law, the parties may not freely create. When banks carry out this operation, they must face significant legal risk. This paper studies the legal issues pledge of financial products. The pledge of financial products not only has real needs, but also meet the general requirements of the pledge of rights, summarizes affairs pledge of financial products legal risks, based on the proposed solution, and called for the establishment of improving the financial products pledge system.There are four parts of the main content of this paper:The first part describes the basic problems of the pledge of financial products. First introduced the concept and classification of financial products, and to explore the legal nature of the financial products, then the meaning of the legal nature of the pledge of financial products, financial products pledge the legal nature of the definition of relationship to its laws applicable, the paper argues that financial products pledge not chattel mortgage, but should be classified as a general pledge of rights.The second part discusses the necessity and feasibility of the pledge of financial products. Need to pledge financial products from three aspects:First, financial products has become an important investment; Second, financial products no early redemption; Third, the pledge of financial products that will help the property value of financial products. Discussed the feasibility of a pledge of financial products from three aspects:First, financial products have the right to property; Second, financial products have the value of the property, its financial products Transferability.The third part describes the pledge of financial products face major legal obstacles. The first pledge of financial products to the lack of legal provisions; followed by the pledge of financial products without the statutory publicity; Again, strong fluctuations in the value of financial products, financial products cannot become a common collateral subject.The fourth part of the solution and made a pledge system build our wealth management products. First apply by analogy to the accounts receivable system in the existing legal system, and analyzes the feasibility of the the analogy receivables Jurisprudence. Fundamental solution to promote legislation, build financial products pledge system, carried out one by one, from the form of legislation to the specific system introduced in order to make its own efforts for the future establishment of financial products pledge system.Text implement the theory with practice principle, the integrated use of normative analysis and empirical analysis, research methods, based on China’s judicial practice, both explained on Legislation of practice combined pledge of accounts receivable system value financial products pledge legal obstacles and propose appropriate solutions.