Legal Risk And Prevention And Control Of The Pledge Of Accounts Receivable In Commercial Banks

With the promulgation and implementation of "property law",accounts receivable into the category of the pledge of rights,the ple dge of rights breakthrough limit,non securitized debt can also becom e the subject of pledge,the improvement of this system enriched the pledge of rights guarantee system.Under the b ackground of "public entrepreneurship and people's innovation",the pledge of accounts receivable system is helpful for banks to innovate financial products,to improve the single credit structure,and to improve the financial market system.However,due to the provisions of the pledge of accounts receivable is not comprehensive,but also too gene ral,coupled with the lack of commercial banks to carry out this business experience,the prac tice is facing a variety of risks.This paper hopes to im prove the risk prevention and control system of accounts receivable pledge,so as to make full use of the pledge of accounts receivable.In this paper,the use of nor mative analysis,comparative analysis,legal econo mic analysis and literature analysis and other m ethods,the system of accounts receiv able pledge risk prevention and control system.This paper is based on the relevant legislation,the legal risk analysis of banks m ay be enc ountered in practice,p oints out the pledge of accounts receivable system defects,and study and learn from foreign legislative experience,to improve our system of accounts receivable pledge to put forward the corresponding suggestions.This paper consists of five parts:The first part is introduction.This pa rt introduces the research background and significance of this article,elaborated the domestic and foreign research status on account receivable,explains the research m ethods of this paper,puts forward the prevention and control of the pledge o f accounts receivable risk innovation.This part introdu ces the topic origin,further discuss the significance of writing this article,describes the current research status on the world should account receivable,lay the foundation for writing,but also pave the way for the following details.The second part focuses on the basic issues of the pledge of accounts receivable.Firstly,the accounts receivab le and accounts receivable pledge of concept a nd characteristics;secondly,through the analysis of th e pledge of accounts receivable related concep ts,defined the nature of accounts receivab le pledge;thirdl y,analysis of legal relationsh ip of account receivable,clarify its legal structure.It also introduces the operation process of the pledge of accounts receivable of commercial banks,and expounds the practical significance of the commercial banks to carry out the guarantee business.The third part analyzes the legal risks faced by commercial banks and the defects of the existing risk prevention and control system.First,describes the accounts receivable pledge business of commercial banks,the legal risk of the pledge process,after the establishment and implementation of the pledge.Then introduced the "property law" and the relevant provisions of the banking regulations,pointed out that the existing legal system of risk prevention and control in the scope of th e subject,th e establishment of rules and im plementation mechanisms.The fourth part introduces the foreign legislation of the leg al system should account receivable risk prevention and control,the legal system of Germany,France,Japan and the United States made a s imple introduction a nd comparison,and then summ ed up the legal system of our country should learn from experience.The fifth part puts forward som e suggestions on im proving the pledge system of accounts receivable in china.In the legislative proposals,from the scope of the subject of accounts receivable pledge,the establishm ent of rules and im plementation mechanisms to improve measures in three areas,and the legal risk of the previous echo.First,the scope of the subject of the pledge o f accounts receivab le,the proposed future acco unts receivable and some of the real estate char ges can be incl uded in the scope of the quality.Then,should improve the rules for the establishment of acc ount receivable,specific norm s in the pledge contract,clear the registrati on,registration to expand the scope of the subject,the establishment of the principle of substantive examination to improve the registration system,and will notify the debtor as a pledge against crime.Finally,to explore the implementation of judicial practice,the direct authority of the pledge,at the same time guarantee rights case,the accounts receivable pledge priority.