| Warehouse receipt pledge (abbreviated as WRP) is currently on the market are widely used and the more active a financing transactions, especially in the commodity circulation, economic agents want to make full use of the warehousing goods idle resources such as financing into reproduction links the transferring of warehouse receipt of the right WRP, get and warehouse receipts recorded items equivalent of funds, and thus secured debt.In the market economy of our country and the current legal environment, relevant laws and regulations of the WRP did not achieve comprehensive, systematic and standard level of WRP complex legal relationship in the process of cognition and the lack of thinking, the court in the trial practice of WRP and the establishment of effective views and that are not the same relevant laws and regulations, an urgent need to improve the management level of the industry, warehousing enterprises is low, the lack of uniform standards, lack of credit system, the demand side abuse rules and malicious evasion of law, led to the commodity circulation industry in China to provide banks and state-owned enterprises as the representative of the funds in the 2011-2015 during the 5 years of accumulated losses of more than a trillion square form, thousands of pieces of civil and criminal cases, serious damage to the order of the market economy.In order to further deepen to the WRP financing the legal awareness, prevention huge legal risk in practice. In this paper, the commodity financing as the starting point, system analysis the legal issues related to the WRP in, put forward suggestions for legislation and legal risk prevention advice, in the hope that this kind of financing business to flourish under the premise of legal. The main contents are as follows:Chapter 1 is an overview, an overview of commodity financing situation. The main commodities, commodity financing concept and characteristics, introduced China commodity financing background and recent developments.Chapter 2 discusses the process of WRP financing legal relationship and practice. It includes four parts:one is introduced and the WRP, and to discuss the legal provisions and theoretical analyses. Second is to give a brief analysis of WRP financing involves the legal relationship; the third is the analysis of commodity financing guarantee and warrant pledge practical operation process; the fourth is to clarify the steel trade financing in the field of "cash pledge"," WRP " concept.Chapter 3 discusses legal problems of WRP financing practice and exploration. Big problems for three main research directions, one is trade finance and WRP guarantee effects, especially for the study of the dispute in the judicial practice; the second is the WRP in the records of the ownership of goods, consistency and replacement segmentation warehouse receipt and goods disposal problems such as attribute, goods warehouse lawful and effective, warehouse cargo records; the third is WRP and movable chattel mortgage, real estate mortgage, floating mortgage and lien etc. of real rights for security competitive regulation and priority validity problems.Chapter 4 is the WRP put forward legislative proposals and comments of the legal risk prevention. The main laws and regulations, as well as the policy adjustment and practical operation of the legal risk prevention recommendations are described in two aspects, contents include:build a perfect legal system in China Civil Code that entered into specialized increased regulations of WRP, standard warehouse receipt of electronic legislation and on the use of mandatory requirements, strictly regulate the non standard warehouse receipt financing in order to prevent the impact on the real economy; WRP practice of risk prevention, strengthen the management of the enterprise storage industry, establishing WRP registration supervision platform, strengthen enterprise to pledge financing business legal risk prevention. |
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