Research On The Perfection Of Floating Mortgage System In China

Floating mortgage system in the UK has more than 100 years of history,through a large number of precedents to form a more complete floating mortgage guarantee legal system.China in recent years to learn from the British floating mortgage law,in 2007 through the "Property Law" 181 legislation to confirm the floating mortgage,the establishment of the floating mortgage,floating mortgage rights to confirm and the realization of the mortgage has a clear legal provisions,The protection measures for the financial market have increased the protection measures and the guarantee of the security of the transaction.The financial institutions have made the financing practice by using the floating mortgage guarantee method,and have achieved certain effect.The judicial system has also experienced some floating mortgage law practice.But a short period of ten years,China's floating mortgage system still exists such as the scope of the collateral is too narrow,you can use the floating mortgage financing is too broad,the subject matter of the regulation of mortgage,floating mortgage crystallization rules in general,the lack of administrative And take over the management system and other aspects of the system flaws,due to the absence of the above reasons,resulting in floating mortgage system was shelved,can not play its unique advantages.By discussing the present situation of floating mortgage system in China and comparing it with the advanced legal principles of foreign floating mortgage,the author thinks that China should continue to draw lessons from and introduce the foreign advanced floating mortgage law,and make more detailed study on the current floating mortgage system,Improve the norms to enrich China's floating mortgage guarantee system,so that China as soon as possible to establish a floating mortgage legal system,to better serve China's financial markets.This article is divided into four parts to analyze the perfection of the floating mortgage system:The first part is the basic theory of floating mortgage.The author analyzes the causes,history and development,concept and nature of the floating mortgage system from the aspects of the floating mortgage system,studies the social function and the system malpractice of the floating mortgage itself,studies the inevitability of the floating mortgage system in our country.Theory and written,unwritten legal origin for China's floating mortgage system provides a rich theoretical basis and legal resources.The second part,the author from our current floating mortgage system of legislation and judicial level of a systematic analysis.This paper analyzes the current situation and shortcomings of the floating mortgage system legislation in China,such as the shortcomings of the floating mortgage system in China,such as the subject,the object,the scope of the creditor's rights and the qualification of the creditor,and so on.Which is widely used,which leads to the existence of the judicial level of the floating mortgage system,such as the confirmation of the ownership of the collateral,the supervision of the collateral and the realization of the floating mortgage,etc.,I hope through these problems to find the perfect floating mortgage The legislative approach of the legal system.The third part,this part of the foreign advanced floating mortgage legal system and China for comparative analysis.This part analyzes the legislation of floating and mortgage law in foreign countries,and analyzes the relationship between floating mortgage registration,floating mortgage,management receiver and administrative manager and floating mortgage and other security rights in English and American law system The priority of the advanced legal provisions can be seen that China's floating mortgage system has just started,only a simple summary of the provisions of the provisions of the law and the operating rules and developed countries there is still a big gap between the system.Although our country can not copy the legal provisions of advanced countries,but still should learn from its essence into the legal system of our country to enrich and improve China's floating mortgage system.In the fourth part,the author has put forward the flaws in our current legal provisions from the above chapters and put forward the author's view on the legal defects.In this chapter,the author puts forward the scope of enlarging the registration of mortgage registration,Managers and deferred payment rights,regulate floating mortgagees and mortgagees,the appropriate expansion of the scope of the subject matter of the mortgage,the ban on floating mortgage collateral and other legal provisions of the legislative proposals,and hope that China can gradually establish a sound social credit system,So that the two sides of the transaction more symmetrical information,easy to market supervision,and promote the benign development of the trading market.Because of the author's legal theory and the shallow quality of the above,the floating mortgage system legislation proposal can not be perfected,but the author in the floating mortgage research process some of the superficial views,hoping to provide a floating mortgage system in order to make the floating mortgage system to be fast,Steady development.