The Perfection Of Floating Charge System

Floating charge has experienced nearly 10 years from its establishment in Property Law in 2007 up to now. This system aims to solve the financing difficulty of small and medium-sized enterprises and peasants. From its establishment to the present, floating charge has showed good performance in practice. However, floating charge fails to achieve the anticipated goal due to the defect of legislation and people’s limited understanding of this system. This system has great potential to the financing of small and medium-sized enterprises, provided that a sound floating charge system which is more suitable for national conditions is developed. Therefore,this system has been one of hot issues discussed by scholars from the promulgation of Property Law to the present. Perfecting China’s floating charge system becomes an essential topic in the field of guarantee law and property law.This paper takes British floating charge as the research object, combines with the similar systems of countries like America and Japan, attempts to find the problems of this system in China’s legislation, refers to the measures of countries with relatively advanced legal system based on combining legislation with practice, further puts forward the following suggestions on perfecting China’s floating charge system,including extending the scope of property of floating charge, perfecting registration system, regulating its contract content, making clear priority rules, improving its implementation mechanism and so on, and hopes to contribute certain knowledge and power to the perfection of China’s floating charge system.