Research On Pledge Over Bank Margin Account

With the rapid development of financial industry and the continuous deepening of financial innovation,the business involved margin of merchant bank's operational activity show remarkable growth both in size and types in recent years.Pledge over margin account is a new way of security in financial security field.In the very beginning,as a supplement to other traditional ways of security,the pledge over margin account was applied in financing services of corporations' huge projects.Since the new way of security could reduce the risk of merchant bank effectively and has many advantages the traditional ways of security don't have,it is very valued in financial practice.Especially after the China joined the WTO in the early 21 st century,with the foreign banks' entering,it is widely used and becomes popular gradually.Although,it is difficult to find the answer about the definition of pledge over margin account.Since the lack of basic laws,judicial practice usually quotes the eighty-fifth article judges the relevant cases.But the article distorts the real nature of the pledge over margin account and has a problem about confusion the meaning of the words,which leads to different results in same cases.What‘s more,the parties often fall into misunderstanding about the pledge over margin account so that has trouble in standardizing specific operation in the relevant financial practice.It increases the legal risk.In China,the scholars have begun to pay close attention to the pledge over margin account.The relevant research has been carried out,but is still in its infancy.In view of this,this paper argues that it is necessary to study the theory of pledge over margin account,in order to be helpful to our judicial practice and theoretical research.In addition to the introduction and conclusion,the text includes four parts:The first part is an introduction to the pledge over margin account.Based on the existing research results by scholars on the concept and classification of the pledge over account,derive the concept of pledge over margin account.According to the screened and collected judicial cases by author,combining the development of business,with the standard of identity nature of mortgagor,classify the statistics on the common application of pledge over margin account in the judicial practice.The analysis of the reasons for disputes of various situations in different degree by category,and put forward the corresponding countermeasures.Discriminate the similarities and differences among pledge over margin account and pledge over deposit receipt and pledge over accounts receivable to pave the way for the analysis about the legal nature of the pledge over margin account.The second part is the analysis of the legal nature of the pledge over margin account,including the legal attributes and effective elements.As for the legal nature of the pledge over margin account,the theory of money pledge regards it as a chattel pledge,which is contrary to the principle of “ownership is consistent possession”.Based on the analysis of the similarities and differences between the pledge over margin account and the related concepts,and comparing the legislative trend of the countries in the world,it is concluded that the pledge over margin account belongs to pledge over right.On this basis,card the effective elements of pledge over margin account under the pledge over right under,compare the referee cases collected,statistics the focus the judicial practice review,analyze and summarize what degree the various elements effect cases' results,explain the specific meaning of the effective elements in detail.The third part is about the legalization of the pledge over margin account,and probes into the proper position of the pledge over margin account in the mortgage law system.By expounding the practical application and unique advantages of the pledge over margin account,analyzing the legal risks caused by the current lack of relevant laws,clarify the realistic demand of the pledge over margin accounts.Make an analysis of the solution to theoretical barrier the principle of real right legalization brings,suggest that the law be amended timely and new provisions be added to include the pledge over margin account in the scope of the pledge over rights,reestablish the position of the pledge over margin account in the mortgage law system.The fourth part is the suggestions on the construction of the specific rules of pledge over margin account.By combing the eighty-fifth article,clarify the relationship between the pledge over margin accounts and this article.On this basis,reconstruct the article.Finally,facing the future,the text proposes the establishment of the public registration system,which is related to the pledge of deposit accounts and specific rules of the realization of the pledge over margin account.