On The Improvement Of Floating Charge System Of Movable Property In China

Chattel floating mortgage system originated from Britain.After more than ten years of its establishment,after repeated deliberation and measurement,China finally added relevant provisions in the property law and formally created the chattel floating mortgage system in China.By absorbing foreign experience and combining the existing laws and regulations in China,the author summarizes the definition of movable floating mortgage system in China,summarizes its characteristics,and evaluates its value and risk.In the process of analyzing relevant laws and regulations of movable property floating mortgage in China,the author finds that there are few regulations on movable property floating mortgage in China,which does not form a system.By comparing with foreign legislation,the author analyzes the existing laws and regulations in China,and finds that the current legislation cannot completely adapt to China's current national conditions and achieve the legislative goals.In order to improve the system,it mainly centers on Britain,Japan,the United States and other three countries for reference,the content is divided into five aspects: the subject and object scope of movable property floating mortgage,the way and effectiveness of registration,the procedure of realization,the priority of compensation sequence.And the full text,is mainly around the five aspects of defects and improve the study,through the practice of investigation and access to a lot of data,the author thinks after finishing analysis,should expand the scope of the object of pledge to expand the mortgagee's protection,increase the financing ability of the debtor,by narrowing the scope of setting the body of the movable property floating mortgage to "all enterprises," to reduce the risk of financing,by setting the difference from general fixed floating mortgage of chattel mortgage special registration system,to standardize the application of law in practice is unclear,operating range,by increasing the movable property floating mortgage is implemented and crystallization for The receiver system is introduced to accelerate the realization of rights,improve the protection of the right holder,and prevent the mortgagor from hiding property and evading debts by clarifying the priority of movable floating mortgage.Of course,these are just some of the author's shallow Suggestions.