Study On The Avoidance Of The Bank’s Legal Risk Of The Pledge Of The Charging Rights

With the diversified development of economy,capital flows more and more strongly,and enterprises have more and more financing and liabilities.In order to solve the problem of difficult enterprise guarantee,the pledge of toll right was born at the right moment and has been used widely,which can solve the problem of difficult enterprise financing to some extent and guarantee the safety of bank in creditor’s right effectively at the same time.However,with the wide application and increasing types of pledge of toll right,the risks have appeared gradually.Therefore,it is necessary to strengthen the risk prevention and perfect the legal provisions for the pledge of toll rightIn this article,we will research and discuss the legal risk prevention for the pledge of toll right as follows:Firstly,research relevant basic concepts and theories,and expound the basic concept and nature of the ledge of toll right and the legal provisions and requirements of validity for it,to lay the foundation for the research in this article.Secondly,analyze laws related to the pledge of toll right in China systematically.In this section,first of all,we analyzed the relevant legal provisions for the pledge of toll right systematically,and then sorted out the laws and regulations in current Chinese law involving the pledge of toll right,so as to discover the oversight of law,and analyze the main problems on the pledge of toll right in current China in following aspects:unclear legal provisions,undefined establishment conditions and nature of ledge of toll right,imperfect stipulations for the pledge contract,and imperfect pledge publicity and registration system,in the way of combination of legal principle analysis and practice research.Thirdly,analyze cases and data.In this section,by sorting out the cases about the pledge of toll right in recent years,the author chose a case judged by Yangjiang City,Guangdong Province as the basis of analysis to analyze the basic information and judgment result of the case.Besides,by analyzing the unclear pledge nature of toll right and stipulations for the pledge contract and the fuzzy handling of the pledge of toll right by the registration authority,the author summarized the legal problems and dispute focus on the pledge of toll right s.Meanwhile,the author analyzed the data of the bank’s pledge of accounts receivable in practice from several dimensions combining with his own practical work,to try to reveal the characteristics,structure and function of the pledge of toll right.Fourthly,for the problems in current China’s legal provisions on the pledge of toll right and in practice,the author put forward some targeted solutions,including to improve legal provisions,strengthen the management of the pledge contract of toll right,perfect the publicity and registration system of the pledge of toll right,reinforce the supervision and management of pledge of toll right,in order to solve the problems in the current process of pledging the toll right,strengthen the legal risk prevention for the pledge guarantee of toll right,and perfect the judicial practice continuously.