Study On Legal Issues Of Accounts Receivable Pledge

In recent years,with the continuous development of China's economy,especially after the reform and opening up nearly ten years,accounts receivable has become an important content in the judicial practice at the same time,more and more small and medium-sized enterprises in the choice of loan is facing a bottleneck of enterprise development funds,accounts receivable pledge has become a new means of financing in recent years.However,because the provisions of the Property Law are too general,there are many problems in the legal system of accounts receivable pledge and a number of legal risks associated with the financing of pledged accounts receivables,impeded the development of SME financing services?Therefore,it is very necessary to study the problems existing in the legal system of the pledge of receivables.The paper is divided into three parts:introduction,text and conclusion.The text is in six parts:The first part mainly discusses the basic concept of the pledge of accounts receivable and the relevant legislation on the pledge of accounts receivable.Explained the difference between the pledge of accounts receivable and other pledges,and put forward the problems in the legal system of pledge of accounts receivable.The second part starts from the perspective of the object range of accounts receivable.From the point of view of jurisprudence and economic motive,we analyze whether the accounts receivable and future accounts receivable in our country with "prohibition of special contract" clauses can be included in the object of receivables pledge,and analyze both of them by way of comparative method.The feasibility of the scope of the object of pledge of the pledge money is reflected by the reality of our country.The third part The issue of the registration of the pledge of accounts receivable has been studied from the perspectives of the entities involved in the registration of accounts receivable pledges,the publicity model,and the review of registration institutions,And by comparing the two types of publicity of registration effectivenessism and registration oppositionism,Analyze the responsibilities of the registration agency in the account receivables financing business in China.The fourth part analyzes the rights and obligations of the pledgee,the pledgor and the sub-debtor in the pledge of accounts receivable based on the validity of the pledge of accounts receivable.The fifth section describes the realization of the pledge of accounts receivable.The general realization of the pledge of accounts receivable and the realization of the pledge of special accounts receivable in connection with the case of Supreme Court No.53 were discussed.The sixth part the defects existing in the legal system of the existing pledge of accounts receivable in China,and puts forward relevant suggestions for improvement from the aspects of protecting the interests of the pledgors,clarifying the examination responsibilities of the registration authorities,and clarifying the realization of pledge of accounts receivable.The purpose of this paper is to analyze the basic issues related to the concept of pledge of receivables,legal relations,and legal effects.In conjunction with the practice of pledge of accounts receivable in China,the paper also proposes reasonable suggestions for the problems existing in the pledge system of accounts receivable in China.The perfection of opinions can help in the practice of the pledge of accounts receivable in China.