The Realization Of Our Country's Floating Charge Right

The property law of the People's Republic of China(hereinafter referred to as the Property Law)only uses three provisions to stipulate the floating charge system.and has not yet established a perfect floating charge system.Especially in the realization of floating charge.The property law does not aim at the particularity of floating charge,establish specially formulates the relevant provisions for the realization of floating charge,but applies the relevant provisions for the realization of general charge.This paper takes the realization of floating charge as the research goal.Through the comparison,Britain,America and China are different from each other in three aspects: the crystallization of the floating charge,the way and the priority of the realization of the floating charge.Combined with the current relevant legal system and national conditions of our country and related practical cases,the paper analyzes the problems of the realization of floating charge in our country.These problems include imperfectness of the types of events of crystallization,the excessive reliance on public relief,the failure to introduce the receiver system,lack of relief after the floating charge property is damaged or loss,and the problems in the rules of direct application of the priority of the realization of the floating charge to the priority of the general charge rules and so on.Finally,in view of the problems facing the realization of floating charge in our country,we should use the useful experience of floating charge in Britain and America for reference.Some suggestions are put forward,such as establishing the public notice system of the crystallization of the floating charge,enlarging the types of events of crystallization,restricting the automatic crystallization clauses,constructing the receiver system,setting up the supervision procedures,and designing the priority of the realization of floating charge.