Analysis Of Legal System Of Accounts Receivable Pledge And Risk Prevention

For medium-sized businesses and small businesses,,accounts receivable occupy a very important position in their assets.China introduced the Property Law in 2007,which pointed out that the company's accounts receivable can also be pledged.At the same time,in the field of security interest,the pledge of accounts receivable is established as a new type of guarantee in the field of security interest.The "Property Law" clarifies the pledge system of accounts receivable,which makes the use of accounts receivable guarantee financing legalized,and can also reduce the difficulty of financing SMEs.This research is not only of theoretical significance,but also has certain Theoretical significance.However,in the Property Law,only the principle of pledge of accounts receivable is stipulated,and the lack of a matching legal system will also increase the risk of financial institutions implementing the pledge business of accounts receivable to a certain extent,resulting in its practice.Certain negative impacts are also not conducive to the financing of enterprises.By combing relevant laws and regulations,combined with judicial trial practice,this paper proposes corresponding prevention and optimization measures for the legal risks of the system,in order to better meet the financing needs of SMEs and promote China's economic development.In the introduction part,it mainly introduces the purpose and significance of the topic,the scholars research results,the main research methods and innovations and shortcomings of the paper.The main body is divided into four parts,the first part combs the basic concept of the pledge of accounts receivable and determines that accounts receivable have the characteristics of value,specificity,contingent,timeliness and so on,and discusses the "special object" of accounts receivable pledge.The independent characteristics such as "special mode of preservation" and "special mode of realization" establish a preliminary understanding of this system.Through the study of comparative law,the second part arranges the current legislative situation of civil law system,common law system and our country one by one,and finds out the simplicity and shortcomings of the relevant legal system.The third part is the focus of this paper,through the introduction of a large number of judicial practice cases.It explores the existing risks of accounts receivable pledge system in China,mainly reflects in the subject matter,publicity and the risks caused by the parties.For example,the risk arising from the "improper",false,or unclear subject matter of the pledge,the risk arising from the fact that the registration agency does only formal examination and does not conduct substantive examination,the risk arising from the debtor's liquidation,etc..In the last part,the author puts forward some solutions to the analyzed risks,such as "standardizing the content of pledge contract" and "strict examination procedure" in order to deal with the risks in the current legal system,and also puts forward some optimization suggestions for the long-term plan,such as defining the connotation and extension of accounts receivable,perfecting the registration system,perfecting the notification system,establishing the system of direct collection of creditor's rights,and so on.