Application Research Of Floating Charge In Individual Business Financing

Individual business serve as commercial households in China's economic and financial markets who has the largest number and the largest number of employees,the largest number of people to absorb the employment of the main market,the financing channels access to the public concern.The individual business are facing the dilemma of the lack of the subject matter of the mortgage when using the traditional way of security,and the survival of the individual business in the market economy is more and more difficult.In this regard,China's "property law" introduced in British law floating mortgage system of the relevant provisions,combined with China's specific national conditions,the special design of the floating charge system,so that the subject is not limited to the enterprise.According to China's "property law",the floating charge system can not only be used for enterprise(company)financing,but also can be used for individual business and commercial households financing.Floating charge system has a huge role in promoting the financing of individual business and commercial households,which is embodied in the rich of the subject matter of the mortgage,the improvement of the financing efficiency and the disposal of the subject matter of the mortgage.However,any system has its advantages and disadvantages,and the operation of some systems in practice because of various factors may not be able to achieve its intended purpose.In the floating chattel mortgage system in the practical application,many scholars floatingcharge subject whether to include individual business and commercial households remains controversial;in addition,the floating mortgage system itself also leads to defects in the system of the use of the reasons for the difficulties in the individual business and commercial households financing,the specific to the mortgage subject matter of a narrow range of objects,I in the "property law" of "normal business activities" definition is not clear,the buyer is not subject to the significance and pursue and the crystallization conditions are too general;however,one of the reasons for the mortgage floating,produce high risk is also trouble mortgage in particular,the reality of the mortgage subject matter is difficult to be realized,the lack of individual business household assets evaluation system and property supervision mechanism,the lack of mortgage risk sharing mechanisms and individual business and commercial households public credit system leads to the floating mortgage system Degree of operation in the financing of individual business and commercial households.Therefore,the author putsforward the legislative suggestions and reform measures to implement the main body qualification,improve the system itself and improve the mortgage risk sharing mechanism.