Discussion On The Realization Of Floating Charge

In order to meet the needs of their own development in our country, we stipulated the floating mortgage system for the first time when setting the property law. The system has a great effect on the rapid development of socialist market economy in China, meanwhile it also solves the problems of raising capital for the people who lack the capital channel such as enterprise,businessmen and farmers at the initial stage of business startups, and the way of raising capital get rich and perfect. It is beneficial to improve the efficiency of the economic circulation and avoids bankruptcy due to the realization of the mortgage right. However, the property law has only three articles to define the system and lacks detailed standards which make it hard to operate in reality.In this system, the mortgagee can't get enough protection and takes a big risks, so the floating mortgage system has not been widely used. Therefore,it has a great significant to the further improve the floating mortgage system.This paper is divided into four parts : introduction of the meaning and purpose of the topic, research methods,difficulties and innovations. At the first chapter, it introduces a specific case of floating mortgage and sums up the focus of controversy. As for the second chapter,the author analyzes this case, on the basis of the controversy focuses. At the third chapter, on the basis of the problem existing in the current system, the author put forward suggestions to improve the realization way of floating mortgage. The final part is the conclusion. The innovation of this paper is the introduction of the Anglo American law system, putting forward the right of intervene and sorting out the priority of the floating mortgage. A perfect legal system provides a better rights protection for all the parties and achieves mutual benefit and win-win results.