Reflection And Reconstruction On The System Of Notification Of Accounts Receivable Pledge

It has been more than 10 years since the property law created the pledge of accounts receivable.During this period,the rapid development of the pledge guarantee financing business of accounts receivable has become an important financing method for small and medium-sized enterprises in China.However,overall the pledge of accounts receivable is still incomplete,there are many shortcomings.Among them,the publicity system,as an important part of the pledge system of accounts receivable,is related to the smooth conduct of the Pledge of accounts receivable,which has a decisive impact on the actual effect of the pledge financing business,and its system design is particularly complex,so the existing problems are also the most important.Therefore,perfecting the publicity system of the pledge of accounts receivable is essential to make the pledge system of accounts receivable fully functional.Starting with the basic theory of the publicity of the pledge of accounts receivable,this paper combs and analyzes the important theoretical problems related to the construction of the publicity system,and then,combined with the legislation and practical experience of the publicity system of the extraterritorial accounts receivable guarantee,puts forward the optional solution to the problems existing in the publicity system of the pledge of accounts receivable in our country which is beneficial to the perfection of legislation.The first chapter of this paper summarizes the basic problems of the publicity system of the pledge of accounts receivable,first of all,interprets the concept of the pledge of accounts receivable and its legal characteristics,as well as the necessity of the publicity of the pledge of accounts receivable.Then it probes into the publicity method,the effectiveness mode and the content of publicity,in order to find out the theoretical premise of constructing the publicity system of the pledge of accounts receivable.The second chapter of this paper examines and enlightens the system of publicity of the guarantee of accounts receivable,and through the investigation of the publicity system in the civil law countries,the United States and some of the model laws,summarizes the experience of the legislation and practice of the extraterritorial publicity system which is beneficial to perfect the publicity system of the pledge of accounts receivable in China.In the third chapter,the paper discusses the legislative status and practical predicament of the publicity system of the quality right of accounts receivable in China,and on the basis of combing the legislative evolution of the publicity system of the pledge of accounts receivable,to find out the problems that the publicity system needs to be solved urgently.In the fourth chapter of this paper,the reconstruction of the publicity system of the pledge of accounts receivable in China,the perspective of the study will be returned to the legislative theory,on the basis of the above research results,trying to form the perfect the publicity system from the publicity method,publicity effectiveness,publicity content.There are the solutions: the change of effectiveness model of publicity to defensible mode,the addition of the third debtor rule of the notice,the simplicity of the publicity content under the Declaration registration system,etc.