The Empirical Study Of The System Of Movable Property Floating Charge In China

In 2007,China introduced this type of guarantee for the first time.From then on,the floating mortgage system of chattels with Chinese characteristics was established.Real right law of our country with three provisions of the construction of floating charge,including the establishment of main body,floating mortgage object scope,publicity registration and crystallization causes and so on.Compared with the legal system of other countries,our country's legal system is relatively simple,but our legal framework of the floating system in has already been formed.Although the floating mortgage system is introduced as a supplement to the mortgage system,but because of China's floating chattel mortgage system does not have the thorough supporting system can not adapt to China's local situation,make a series of problems in the process of development,which is "unacclimatized." it's inevitable,because any legal transplant must be a transition process.How to properly adjust the application of the system,let the court grasp the core of the movable property floating charge system in judicial practice,and use the system to provide services for china's SMEs better is the main problem.This paper is divided into five chapters.The first two chapters to begin with theory,summarize the background,connotation and characteristics of chattel floating charge system,and elaborate the theoretical basis of chattel floating balance system.To begin with theory is for the better empirical research,in the third chapter,the author uses the method of empirical analysis,research and analysis our country's movable floating mortgage system,summarized the 2014-2016 court's relevant decision,get the relevant data,analysis and description the data of sources,analyzed the characteristics of chattel floating mortgage system and the state of it's practice,by the divided from the mortgager and the mortgage.The fourth chapter summarizes the problems in system judicial practice from the data collected,and combines two classic cases,focusing on the focus issues in the case and the relevant judgments of the court have an in-depyh analysis.