A Study On The Improvement Of The Floating Charge System

In Britain, the floating charge system has become the common practices for British company financing after years of development and perfection since the date of its birth. Then, the floating charge system took root, sprout and developed in many other countries. Compared with the hundreds of years of operating history of the floating charge system in many countries, our country obviously lag behind in this aspect. The Real Right Law implemented on October 1,2007 has been a breakthrough for the floating charge system and has provided a legal basis for the practice and development of our country floating charge system. But even so, the attempt to run perfectly the floating charge system which has had hundreds of years of history in western countries (especially British), is not realistic with only these three laws. Therefore, based on the actual situation of our country and started from the realistic problems of the floating charge system in our country, this thesis deeply discusses the improvement of the floating charge system in our country. For the relevant measures but not include in the category of civil and commercial laws, the author only makes a simple introduction.This addition to the introduction and conclusion, is divided into four parts.The first part is the analysis of the causes of low efficiency of the floating charge system. This part is longitudinal comparison of the floating charge system.It reveals the problems of the floating charge system in our country from the judicial and practical points of view, and gets the conclusion that the most critical reasons is the lack of operability and contradiction in the legislation.The second part states the comparison between the floating charge system and the industrial chain of financial in our country. This part is the crosswise comparison of the floating charge system, in an attempt to cooperate with the first part and to excavate more problems and improve measures of the floating charge system.The third part analyzes the problems of floating charge system in our country. On account of the problems discovered in the first part and the transverse comparison of the second part, this part states respectively and in details five aspects like "normal business activity", the mortgaged property. In the judicial practice, the enterprise credit problems and the relationship between small and medium-sized enterprises and financial institutions will also be discussed.The fourth part discusses the improvement of the floating charge system in our country and tries to put forward concise and practical suggestions. About the suggestions for legislation, the author proposes separately the problems that need to be aware of in the legislative system itself and specific suggestions on the legislation. Besides, the points that needed attention and improvement in the practice of the floating charge system are also discussed.