Research On The Improvement Of The Legal System Of Commercial Banks' Pledge Guarantee In China

In recent years,the international economic situation is becoming more and more complicated,and the domestic economy is running at a low level.The real economy is facing unprecedented challenges.As one of the core subjects of the economic operation,commercial banks are facing more and more uncertainty.Therefore,strengthening the credit risk management of commercial banks and ensuring the security of credit assets.It will also become the top priority of banking risk management in the future.At present,because of the incomplete financial ecological environment and credit system construction in China,there is a obvious phenomenon of information asymmetry between commercial banks and borrowers.As one of the important means of credit assets risk management in commercial banks of our country,the pledge guarantee system is of great practical significance.Although the laws and regulations such as the general principles of civil law,contract law,guarantee law,commercial bank law,property law,and the general rule of loan have some provisions on the guarantee system of commercial banks,but in general,our country has not established a relatively perfect pledge guarantee legal system.There are still many legal problems in the process of insurance practice.Therefore,it is necessary to study the pledge guarantee system of our commercial banks,to improve the legal system framework of pledge guarantee in China,to solve the legal problems in the pledge and guarantee business of our commercial banks,and to improve the ability to prevent and manage the credit risk of the commercial banks of our country.It has theoretical significance and application value.On the basis of the study of the former,this paper will discuss the meaning,current situation and existing legal problems of three types of pledge guarantee in the pledge guarantee business of the Commercial Bank of China,the pledge of movable property pledge,the pledge of traditional right pledge,and the new type of pledge of pledge.Through the clarification of the legal concept of the pledge of pledge,the present situation of relevant laws and regulations is analyzed,and the legal problems of the types of pledge guarantee in commercial banks of our country are analyzed as comprehensive as possible,so as to put forward suggestions and improve the guarantee system of the commercial banks in our country.In addition to the three traditional rights pledge forms,such as the pledge of negotiable securities,the pledge of equity and the pledge of intellectual property,many new rights pledge,such as the right of highway charge,the right of electricity income,the right to charge of the school and hospital,the right of the benefit of the trust,are due to the lack of legal guiding rules,the quality of the pledge and the subject of the following subject,and the quality of the pledge.The right publicity is not standardized,and so on.